Knoll v. N. Y. etc. Ry. Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 278 January Term 1888, Sup. Ct.; court below, No. 73 May Term 1887, C. P. On March 15, 1887, Anthony Knoll, administrator of the estate of Wencelaus Hermle, deceased, brought an action on the case against the New York, Chicago & St. Louis Railway Co., to recover damages for injuries to real estate upon which the plaintiff held a mortgage.
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ERROR TO THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 278 January Term 1888, Sup. Ct.; court below, No. 73 May Term 1887, C. P. On March 15, 1887, Anthony Knoll, administrator of the estate of Wencelaus Hermle, deceased, brought an action on the case against the New York, Chicago & St. Louis Railway Co., to recover damages for injuries to real estate upon which the plaintiff held a mortgage. The narr set out the death of Wencelaus Hermle in April, 1872, owning the equitable title to certain lots in Erie, numbered 39 and 40, in Courtright’s plan, and that on July 10, 1873, the plaintiff was…
1Opinion of the Court
*471Opinion,
Me. Justice Williams :
This case is somewhat anomalous. The plaintiff is the holder of a mortgage upon a house and lot in the city of Erie. The defendant company, acting under the authority of the railroad laws of the commonwealth and an ordinance of the city of Erie, has built a single track railroad along the centre of Nineteenth street, on which the mortgaged property fronts. The complaint of the plaintiff is, that the value of the property has been depreciated by the building of the railroad along the street, and that his security as a mortgage creditor has been impaired to the…
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