Lentell v. Boston & Worcester Street Railway Co.

Knowlton, O. J.

This is a petition for the assessment of damages under the St. of 1908, c. 163,* for the erection and maintenance of a trestle on Boylston Street in the city of Newton, in front of the petitioner’s premises. It was agreed that, if the judge † was of opinion that the petition could be maintained on the agreed facts and the testimony, he might order a formal verdict for the petitioner for $500. The judge ruled that the facts and evidence would warrant this verdict, and he directed the jury to return it accordingly, reporting the case for our determination. The question before us…