Lake Roland Elevated Ry. Co. v. Frick

Citations

• 86 Md. 259
• 37 A. 650
• 1897 Md. LEXIS 90

Syllabus

<p>Elevated Street Railways—Damage to Abutting Property—Evidence — General and Special Benefit Caused by Railway—Action by Executor for Injury to Real Estate in Testator's Lifetime—Recital of Consideration in Deeds.</p> <p>An executor may maintain action for an injury to the real estate of his testator caused in the latter’s lifetime.</p> <p>In an action to recover damages for injury to plaintiff’s property caused by the construction of an elevated railway in the street upon which the property abutted, a witness testified that before the building of the railway the market value of plaintiff’s lot was a certain sum and that after it was built the lot was worth a lesser sum, being damaged to that extent by the road. Held, that the witness might be asked what the value of the property would have been if there were no elevated structures in front of it, assuming its value to have been as stated by the witness before the erection of the structure. Such a question merely calls for the statement in another form of the estimate already made by the witness</p> <p>In such action evidence as to the effect of the railway upon property belonging to other parties differently situated and suitable for different purposes is not admissible.</p> <p>The recital of the amount of the consideration set forth in a deed is not competent evidence between other parties to show the price for which the property was sold, because it is res inter alios acta.</p> <p>When the question at issue is whether plaintiff’s property was damaged by the construction of defendant’s elevated railway in a street in front of the property, and if so the amount of such damage, the defendant is not entitled to deduct from the damage caused by its railway any increase in the value of plaintiff’s property arising from the operation of the road which is common to all the property in that vicinity or any increase in the value arising from the growth of the city or any other general cause.</p>