Marine Court.
Ia
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SEPT. A-Ed'oard Do,cnes Connsry VS.. j. Moor
mack.-This was action for breach OF covenant,
brought by plaintiff against defendant who holds GER.
tain premises in Allen street in this city appeared
that May last Mr.. Connery took apartments in the
house the usual terms, which premises
rented to sub-tenapts. subsequently, the house
ceived some damage, and was left in an unenantable
condition. to the annoyance and inconvenience of Mr..
connery's family. Much of the plaster having fallen
in and damaged his furniture, well also as other
injuries which plaintiff sustained in consequence of the
alleged neglect of defendant to repair the premises 1t
also appeared that defendant built additional story to
the house, and during the building Of the same inter
rupted the right Of passage to which plaintiff was
entitled and created nuisance, by depositing mortar
and filth in the lobbies hall, SC, through which
plaintiff had to enter, said repairs and alterations
being made by defendant according to plaintiffs
wishes. The defences set up that the house
had sunk in consequence of an excavation that had
been made in adjoining premises, and that this
caused the house to crack II also appeared that there
fire in the neghborhood and that the house had
been damaged in Consequence Of the fremen having
used water to prevent its taking fire His Honor charged
favor of plaintiff, showing that tenant has right to
the peaceful and quiet possession Of his premises and
that landlord, under prsence, has right by i'm
provemen OF his premises, otherwise to violate his
contract contrary to the tenants wishes Verdict for
plaintiff SO damages For plaintiff, w J. Haskst,
Esq. Fer defendant, Florence Mccarthy, Esq.