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Maitland Circuit Court.The Court roopeued uu Tuesday morning, before hi* Honor Mr. Justice Fawcett, And u jury «f four.HOLLIStiSJIEAD V. nonOUCJIT OK NEWCASTLE.The plaintiff in thin action wan represented by Messrs. Wiudeyur and Wisdom, instructed by Mr. R. W. Thompson. Mr. Darley and Mr. llealey, instructed by Mr. Reudett, appeared for the defence.Mr. Wisdom opened the ptoceediugi by reading the declaration, which contained fom counts. It appeared that plaint iff claimed damages to tlie amount of £1000, first because the defendants bud wrougfully obstructed the street in the front of his premises, interrupting his busiueas, and hindering him from gaining any ptolit* by his business; secondly, that the defendants, in erecting ceitain buildings, had undermined the founuuiooa of plaiutifTs house ; thirdly that the defendants had caused a certain huildiog, intended fora market, to be 10 unskilfully constructed that a portion of it fell through the roof of plaintiffs house, smashing the furniture, and causing great daraaga to the premises; the last count charged the defendants with breaking and entering into plaiotitTi premises. The pleas filed in reply were—first, not guilty by statute ; a*«ondly, that plaintiff was not possessed of the premises aa alleged ; thirdly, that the damages did not occur as alleged.Mr. Windeyec laid the case of the plaintiff before the jury, pointing out that he should prove the injuries which his client complained of, and also that they arose from the acts of the defendants. He thought tjiat they would find the plaintiff entitled to damages, and he would submit that, in a caw of this kind, where the business of au individual was to totally ruined by tbe acta of a public body, they should give damages with a liberal hand.Joseph Hullinahend, the plaintiff in this case, deposed, that he formerly resided at the Royal Exchange lun, Newcastle ; bis family resided with him at the time tho building fell; he carried on a crockery ware business in the vicinity, in premise* adjoining the new market; witness built the shop about five years ago, and went and lived in it with his family ; ho and his family lived thete about three years, but he waa eventually obliged to remove them to tbe hotel, in consequence of the wet coming through the roof, after the market was begun ; that was about ten weeks before the market fell; at that time, part of the walls of the market waa erected ; witness had gone to live at the hotel eotne weeks before he moved hi* family there, iu consequence of his having to take the hotel off the hands of the person to whom he had let it; before his family removed, witness saw some people digging there, and he saw Mr. Smith, the contractor, Mr. Backhouse, tbe architect, and others there ; earth waa excavated for tbe foundations, and tba men excavated under plaintiff's crockery shop; the excavation was about three feet deep In front, and aa much as ten feet at the back, and It was about four feet wide; It took away about ten feet of plaintiff's land ; tbs premises need by plaintiff
Newspaper Details
Newcastle Chronicle
Newcastle, New South Wales, AU
Sat, Nov 09, 1872
Page 3
Full Page
Clipped by
Anonymous
USA 03 Aug 2022
Other Publications Near Newcastle, New South Wales
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Newcastle Voice of the North
Newcastle Miners Advocate and Northumberland Recorder
