Alton & Sangamon Railroad v. Carpenter

The cause was heard before T. L. Diciiey, Judge, and a jury, at August term, 1852, of the Sangamon Circuit Court, and resulted in a verdict and judgment in favor of Carpenter, for $326.96. The company appealed. The following was the instruction asked for: — “ That, in estimating the damage done to the land by the construction of the railroad, they are to deduct the advantage which they believe the land will derive from its construction; and, in estimating such advantages, they are not to be confined to the advantages peculiar to this tract of land, but they are to consider as such advantage,…