Legal Opinion

Levenson v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided March 2, 1906PublishedCited by 15 opinions

Petition, filed January 29, 1902, under St. 1894, c. 548, and St. 1897, c. 500, for the assessment of damages alleged to have been caused to the land and buildings owned by the petitioner Betsey I. Levenson by reason of the location, construction, maintenance and operation of the elevated railway of the defendant.

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Petition, filed January 29, 1902, under St. 1894, c. 548, and St. 1897, c. 500, for the assessment of damages alleged to have been caused to the land and buildings owned by the petitioner Betsey I. Levenson by reason of the location, construction, maintenance and operation of the elevated railway of the defendant. At the trial in the Superior Court before Bishop, J. the following facts appeared: The real estate in question comprised a five story brick building at the corner of Commercial Street and Commercial Court in Boston, numbered 484 and 486 on that street, also a three story brick…

1Opinion of the CourtMorton, J.

These exceptions relate to two matters of evidence. The husband of the petitioner Levenson was called as a witness for her, and, subject to the respondent’s exceptions, was allowed to testify to the cost of the brick building erected in 1895, and to the rents received from the property, beginning in the latter part of 1895. The judge allowed the rents to be introduced as bearing upon the rental value, — rental value being one of the things that enter into market value. Lincoln v. Commonwealth, 164 Mass. 368, 380. There is nothing to show that the rents were not paid in the ordinary course of…

2Cases cited1 opinion

  1. Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895

3Cited by15 opinions

  1. Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
  2. Campbell v. City of New HavenSupreme Court of Connecticut · 1924
  3. Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
  4. United States v. WiseCourt of Appeals for the Fourth Circuit · 1942
  5. Lipinski v. Lynn Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1969

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