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SUPERIOR CouRT.-Wade Pierpoint. The
cause of this action that the defendant who was
landlord of Mrs. Wade, residing at the time of the
injury complained Of at No. Ito Pine st. had under
stood and thereby caused her considerable damage
by the earth caving in and destroying her kitchen
utensils, shelves &c.


Ii was contended on the part of the defendant that
he had perfect right to do as had been done thai
every precauiion had been employed and con-
sequcntly, that he was not liable TO any damage
ensuing. A further plea was put in that the excava-
ton had been made by the order Of the cooperation Of
fhe city Of New York and that it was therefore Of
should seek redre ".


The judges charge to the jury seemed to incline
in favor Of the landlord the of the greatest
possible vigilance having been used-but il never
had not been done, finding for the plaintiff.


The jury retired and at little after O'Clock re-
turned verdict for the plaintiff.