James Clark McReynolds

“ Special benefits do not become general benefits because the benefits are common to other property in the vicinity. The fact that other property in the vicinity of the proposed railroad will also be increased in value by reason of the construction and operation thereof furnishes no excuse for excluding the consideration of special benefits to the particular property in determining whether it has been damaged, and, if it has, the extent of the depreciation in value.'
This doctrine was again expressly affirmed in Brand v. Union Elevated Railroad, 258 Ill. ”

“ The declaration does not allege plaintiff's ownership of the fee in the street, but asserts his interest in the lot and right to the 'easements and privileges which legally appertain and rightfully belong to property abutting public streets' in Chicago, including the right of light, air, access, privacy, view, etc. Trial to a jury upon plea of not guilty during February, 1914, resulted in verdict for defendants, and judgment thereon was affirmed by the Supreme Court, a writ of error having been sued out by McCoy's executors. ”

“ In support of the testimony of these witnesses defendants proved that the number of persons boarding the elevated trains at the La Salle street station, in Van Buren street, during the three months of the year 1897 in which trains were operated around the loop, was 161,763, and that the number constantly increased, until in 1905 there were 3,659,583 persons who boarded the trains at that station. ”

“ Benefits cannot be considered at all. Second. Special benefits may be set off against damages to the remainder, but not against the value of the part taken. Third. Benefits, whether general or special, may be set off as in the last proposition. Fourth. Special benefits may be set off against both damages to the rema nder or the value of the part taken. ”

“ Our concern is not to ascertain whether the rule adopted by the state is the one best supported by reason or authority nor with mere errors in course of trial, but with denial of a fundamental right. Appleby v. ”