Street Improvements—Change of Grade—Official Grade—Right of Abutting Owner to Compensation.—An owner of land abutting upon a street is entitled to compensation for any injury to his property which it sustains over and above that sustained in common with other abutting owners or the public in general, resulting from a change in grade of the street; and the fact that the change in the grade is merely from the change of the natural grade to the official grade is immaterial.

Id.—Constitutional Law—Eminent Domain—Personal Discomfort— Diminution in Value of Property.—Under section 14 of article I of the constitution, forbidding the taking or damaging of private prop, erty for public use without compensation, a mere infringement of the owner’s personal pleasure or enjoyment, or merely rendering the property less desirable for certain purposes, or even causing personal annoyance or discomfort, does not constitute a damage for which compensation is to be made, but the property itself must suffer some diminution in substance, or be rendered intrinsically less valuable by reason of the public use.

Id.—Impairing Use of Street—Compensation to Owner.—The right of the owner of a city lot to the use of the street adjacent thereto is property which cannot be taken from him for public use without compensation; and any act by which this right is impaired is to that extent a damage to his property within the meaning of section 14 of article I of the constitution, for which he is entitled to compensation.

Id.—Title to Street Immaterial.—For the purpose of determining the damage resulting to the owner of a lot abutting upon a public street, by reason of the destruction or impairment of the easement of the abutting owner, in the street fronting upon his lot, it is immaterial whether he has the fee in the street or only an easement for its use. In either case it is property, for an injury to which he is entitled to relief.

Id.-—Determination of Benefit or Injury to Lot.—In determining the question as to whether the grading of a street in front of a lot will increase or diminish the value of the lot, the relative condition of the street and lot before and after the grading should be considered, as well as all the uses for which it is adapted and to which it may be applied. Its diminution in value for some particular use does not necessarily show a damage to the property, but it is only when its market value is diminished by the public use that it can he said to liave sustained such damage as will entitle its owner to receive compensation.

Id.—Cause of Damage—Change of Grade—Adoption of Ordinance— Evidence.—Where a street is changed from its natural to its official grade, damage sustained by an abutting owner is caused by the actual grading or the street, and not by the ordinance fixing the grade, and evidence, in an action by him for damages, as to the damage caused by the adoption of ordinance is properly rejected by the court.

Id.—Subsequent Use of Street For Railroad.—The use to which a street might be put after a change of grade does not affect the damage caused to an abutting lot by the change of grade; and the fact that it might receive a benefit from the construction or operation of a railroad thereon is immaterial upon the question of damages.

Id.—Damages, When Complete—Subsequent Use of Lot.—The damages to a lot abutting upon a street, by reason of the change of grade, are complete when the grade is changed, and do not depend upon the subsequent use of the lot.

16.—Evidence—Depreciation in Value of Lot.—Upon the issue as to the extent to which the property was damaged by the grading, evidence of witnesses that the effect of the grading was to depreciate the value of the property, and as to the amount it depreciated it, is competent, in the absence of a special objection.

Id.—General Objection—Waiver of Special Objection.—Unless evidence is inadmissible for any purpose a party is not at liberty, under a general objection thereto, to afterwards urge a special objection which goes merely to the form of the question by which the evidence is sought.