...the spirit, of the constitutional mandate which requires municipal and other corporations, etc., to "make just compensation for property taken, injured...enlargement of their works, highways or improvements." Article 16, § 8. To hold otherwise would defeat one of the main objects <>f that provision. In its...

...corporations, or individuals invested with the privilege of taking private property for public tise, for property taken, injured or destroyed by the construction...enlargement of their works, highways, or improvements," and it was held that the Act did not apply to proceedings for the opening of township roads. See also...

...the person or corporation exercising the right of eminent domain liable to make "just compensa tion for property taken, injured, or destroyed by the construction or enlargement of their works." Property is "tnkeu " by an entry upon and an appropriation of it, &s in the ordinary case of location....

...object, of the section under discussion. This is obvious enough from the concluding words thereof — " which compensation shall be paid or secured before such taking, injury or destruction," for though consequential injuries may be anticipated and compensated, those originating from carelessness...

...that, "in all cases of damages assessed against any municipal or' other corporation, or individual or individuals invested with the privilege of taking private property for public use for property taken or destroyed by the construction or enlargement of their works, highways, or improvements,...

...the question would be influenced by article xvi, § 8. of the New Constitution, which provided that " Municipal and other corporations and individuals invested...secured before such taking, injury or destruction." As this section provides compensation solely for injuries inflicted in the future, that is after the...

...the construction, use constitutional provision is as fol- or alteration of their works, ways or lows: "Municipal and other corporations and individuals...compensation for property taken, injured or destroyed by the other improvements ; in other words to such damages, as are ordinarily called consequential." The Act...

...section 13, there was embodied in the present Constitution section 242, -which reads, in part, that: "Municipal and other corporations, and individuals...compensation for property taken, injured or destroyed by them; which compensation shall be paid before such taking, or paid or secured, at the election of such...

...INJURY FROM PRUDENT OPERATION OF STOCK PENS— RES JUDICATA. 1. Under Const. § 242, providing that corporations and individuals invested with the privilege...compensation for property taken, injured, or destroyed by them, a railroad company, though bound by law to furnish suitable stock pens, is liable for Injuries...

...the 8th section, Art. 14, of the constitution, which provides that "municipal and other corporations invested with the privilege of taking private property...property taken, injured or destroyed by the construction and enlargement of their works, highways or improvements." Not only would •we thus have a custom...