28 Iowa 542 | Iowa | 1870
In our opinion the correct measure of damages is the difference in the value of the plaintiffs’ lots, with the side track operated, and without it, at the time the track was abandoned, together with interest thereon up to date of trial, or not, at the discretion of the jury. This rule renders the ascertainment of the damages easy, certain and final, and limits them to what would surely be within the contemplation of the parties. Whereas, the annual rental value is more speculative and uncertain; is liable
[Reversed.