Chicago & Great Western Railroad v. Wedel

On this record it appears that the appellee owns a lot, twenty-four feet wide, with a two-story and basement dwelling house upon it, fronting south on Rebecca street, and the appellant has a two-track railroad in operation in the street, the north track of which is nine feet south of the southeast corner and touches the southwest corner of the lot. The suit was tried upon the theory, adopted by both parties, that the appellee was entitled to recover in this suit the diminution, if any, in the value of his premises by the location and operation of the road. When the appellee rested Ms case, he…