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Thursday, November 7tii.The further hearing of this case was continued this morning.Several witnesses were examined, and after hi# Honor had directed the jury, they returned a verdict for the plaintiff, with damages £70.- «- m ciflckery atnre cnntiiimd a ground lh*r»r 1 * j and u I ra' d mi— t had tlm*n ruon s above and two helnw ; there w,.* a ki'clM'n mid .-»• r.t behind the home ; tin* Htde-wull connected tha kitchen with the house; the soil where th • market won built wu« veiy rotten, and it whs ( principally made ground ; the roof of plait.- ' tiff’s homu was shingle !; ufu i a trench was dug, there were a number «»f piles driven hy tins men who were working there, an witneaa supjMised, to atrnogthen hi* founds! ions; . there were uhout half-.i-doxrn of those pilr«, placed us close to one another am they could Ipluced j the effect ot diiving those pile* was that plaintiff* building shook every time the monkey came down, and afterwards the rain used to come in wt the roof when wet weather came on ; the rain came in to such un extent that theyjcaught live tosixbucketsful in the diningroom of a night ; the effect ul that rain was to permanently injure the wall; after the pile-driving, there wus a settlement, ao un to make a division In-tween the kitchen and tbe rosin building ; Home hrick huil ling was commenced After the pile-driving; wr-ness wrote a letter to the Corporation, on the l2nd June, 1871, and he npoke to Mr. Backhouse about the iujuries the same time. There wa* an arch in the brick building that was put up, and that nrcb subsequently fell down ; the arch pushed out the side wall, which fell on the roof of plaintiff's house, crushing the roof, coiling, and the furniture of thu dsawirig-rooin, besides doing some slight damage in the bedroom ; then* wus a suite of furniture in the clr.iwiug.rnom, that was completely smashed ; there was a lounge, easy chair, six chairs, walnut table, cedar aidehoard, looking-glasses, and various ornaments; the pedestui of tbe table was drivsn light through the floor; there was rain after the fall, and the rain came iu, and s quantity of goods in the shop were damaged ; wicuess then wrote to the Corporation, holding them responsible, and through his solicitors demanded compensation, or proceedings would be corumeuced. [These documents were put in, together with a reply from the Council, stating that the building committee of the Borough Council were investigating the matter ; also, further correspondence between plaintiff's solicitor* and the Council. In one of these letters, dated 8th July, the Council expressed an opinion that an amicable settlement would shortly be arrived at. Another document from the Couucil stated that the repairs to plain!ill's house were boirfg procoedod with, and that, when dune, it would be in better condition than ever ; also, that Mr, Smith, the contractor, would ho willing that uny claims for compensation should be referred to Arbitration in the usual way.] Witness continued hy saying that some repairs had been effected to the house, but it whs not put in better conditionjthun before; the ceiling to one of the bedrooms wa* atill down ; the drawingroom door, which had hern shattered to pieces, had not Item repaired ; tlio hole where the table went through was not repaired until witness had it doue a few days ago ; the roof was repaind, and that was all that wus done to the house ; besides injury to the crockery shop, the premises next door were injured also; the settlement of the shop was visible from the outside; the shop windows were l roken at the time of the accident, but had since been repaired ; the panels under the window, .iud the facia board, were broken at the time, but they had not beeu repaired ; when the workmen first commenced work they put up a boarding aod fenced-in the footpath ; bd office was put up there, which was used by Smith and Mr. Backhouse.At this stage the Court adjourned to tea o’clock on Thursday uioruing.
Newspaper Details
Newcastle Chronicle
Newcastle, New South Wales, AU
Sat, Nov 09, 1872
Page 3
Full Page
Clipped by
Anonymous
USA 03 Aug 2022
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