by John Marshall Harlan

“ The injury, in a case of that kind, may not, in every case, be easily ascertained, but the right of the owner, under the statute, to full compensation for it, is as clear as is the right of the owner of property abutting on the street to be compensated for any substantial injury resulting from its occupancy by a railroad. ”

“ But the plaintiff's special damages, if any, on account of such obstructions, constituted a cause of action apart from his claim, under the statute before us, for damages on account of the depreciation of the value of the property itself, as the result of the permanent occupancy of the street with a railroad track. And here the point is made that the petition is not so framed as to cover those special damages. In this view we do not concur. ”

“ Fry, 8 Ohio St. 358: 'The right of transit in the use of the public highways is subject to such incidental, temporary, or partial obstructions as manifest necessity requires, and among these are the temporary impediments necessarily occasioned in the building and repair of houses on lots fronting upon the streets of a city, and in the construction of sewers, cellar drains, etc. ”