(dissenting):
I do not concur in the prevailing opinion. It seems to me that the evidence entirely fails to show that the plaintiff has sustained any permanent*damage by reason of the new erection upon which the railroad is now run. The structure existing-at the time of the change is shown to have been a greater detriment to the premises of the plaintiff than the present structure, and, consequently, no damages have been sustained.
Judgment affirmed, without costs.