dissents.
The instructions given are more favorable to defendant than it was entitled to. If the establishment of the pest house has caused a decrease in the value of the land, and that without regard to the fact whether or not there was real danger of persons taking the smallpox by reason of the establishment of the pest house, I do not ■ think that the court erred to the prejudice of defendant as to the admission of the testimony. I think the judgment should be affirmed.