by John Marshall Harlan

“ Whatever damage is suffered must be compensated. Appellants are not legally bound to suffer for petitioner's benefit. Petitioner can only be authorized to oust them from their possessions by making up to them the whole of their losses.' That goes directly upon the question which your honor suggests. Now, I shall not take time to refer to the other cases.'
I cannot doubt, from what passed between the court and counsel in the presence of the jury, that the court meant to characterize profits from the business of the parties owning the real estate as speculative damages. ”

“ The damages in such a case must be such as to fully make good all that results, directly or indirectly, to the injury of the owners in the whole premises and interests affected, and not merely the strip taken.' Further: 'The jury here, as in all cases where no certain measure exists, must trust somewhat to their own judgment. That is one of the purposes for which juries of inquest are provided. They are expected to view the premises and use their own senses. * * * But the purpose throughout is to give all the damages which they reasonably discover, past or present, and to result, but no more. ”

“ You must, however, remember that the respondents' property is taken, or its enjoyment interfered with, under the so-called power of eminent domain,-a power somewhat, and necessarily, arbitrary in its character,-and that where this is done the party whose property is taken, or whose enjoyment or use of the property is interfered with, is entitled to full compensation for the injury inflicted. While the allowance to be made should be liberal, still it must not be unreasoa bly exorbitant or grossly excessive. ”

“ Apart from the money value of the property itself, they were entitled to be compensated so as to lose nothing by the interruption of their business and its damage by the change. A business stand is of some value to the owner of the business, whether he owns the fee of the land or not, and a diminution of business facilities may lead to serious results. There may be cases when the loss of a particular location may destroy business altogether for want of access to any other that is suitable for it. ”

“ And a road already established has no better claim thana ny other to extend or change its lines. Although railroads are allowed by public policy to condemn lands, because they cannot exist otherwise, nevertheless, the enterprise is, under our laws, which prohibit public ownership of railways, one of private interest and emolument, and must show its claims to legal assistance.' Now, upon the question of profits: 'We are bound to see that parties are not deprived of their property without necessity, or without full compensation for being compelled to relinquish it. ”

“ It is insisted by the respondents that, by reason of this crossing, this land, with the a rehouse thereon, is rendered less available and less valuable for the purposes for which it was constructed and used. ”