The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-06

foundation of IS house was well built they dug some
wen together that they did sepa' nothing besides
the putting up shores was done Tor some two months TO
Keep house great storm occurred after the shores
immediately after the the water ran In from the
street some OF Gs wall was put up at thst time
gin to give way about the a5th July; this remaaed
om that time to October the house kept gradually set
ting as the trench dug hut more in front than in
any other part time in August it drove the family
from the house to the stable they lived two three
weeks.
Cross-enaminsd by OCorsoR-They dug 10 or IA feet
along the whole line OF F house. four five feet below
his foundation the storm came about the latter part
of June the first of July.
JoHx HARRiorr-I am a mason and know these pre-
misses; repaired FPS house in 1897; know that the
house ordinary old house; was in May 1889 that
Mr. c. began to pull down his house; after he had got
cleared away he dug down his foundation about
FPS cellars he then commenced about FIVE feet off from
Fs house. and dug pretty much the whole length of Fs
line towards Broadway, five six feet below Fs foun-
daon; then some arrangement was made to support Fps
wall Brown went to work and shored up about half of
f. wall; this about the first to the middle of june
after Brown shored up that half under pinned 1t
me do this the witness gave it his opinion that it
impossible to dig and put up the foundation by
tons as described in the opening Plaintiff employed mel
put in posts OF granite; went down to be as low
the bottom Of defendants cellar; he had then began
build his wall; before began this the
had sarted CPS workmen had dug sink there after
had dugged down and underpinned one half could
not 90 any urher for understood that the tenant the
low or part would not let Brown in, and then stopped
work. hole 10 II feet long. and 6 feet below
plaintiffs foundation, left open by defendants men
four five weeks should think; could not dig in Sec
tons without Snoring up; the reason why they left
work because they got scared and were bged to
leave it, they put up their outside walls think; the
time OF the storm the water threw down part of G.s
foundation; the water came Oft plaintiffs roof into the
cellar in digging the trench, 1t caved in don't think
they did anything to support plaintiffs wall until Beck
well went there's il they had shored up, Beckwell
did, don't think the house would have settled; think
that Beckwell put down needles the foundation had
started before Brown employed afterwards defend
ant cut away brickwork and part OF my foundation and
that caused the house to settle again. Mr. OConnor OBJ
eced tn this because there is action of pend
ing for this trespass OConnor afterwards withdrew his
obections They began the year to put up cir Gel
lar WALL in consequence OF the digging, FPS house settled
much in the made the repairs upon F.s house.
Their bill in 1889 was about $780,
Crosseraminedby OCoNroR-n 1889, the practice was
common of digging cellars deep gas The
to needle it, that time persons whose regu-
lar business supply and apply needles in such
this this remedy is very efectual employed to
put in the granite front In 1887 put foot under Fps
employed by Mr.. f. to do it. Fps wall might then have
settled Titles to Fps old WALL made out of red
building stone which used to be used at that time CPS
house frame house, with brick front; 1t had been
timbers through under the wall resting the cellar
floor blocks with at the other end. The
the needles requires the ground both sides Of the
wall. went on, and put up the WALL and the needles
derpin without settling; the settling in this
slight The excavation for the prvy or the rear
was some three four feet off, Dresser, the tenant
spoken Of objected Browns putting the needles into his
premises Mr.. Brown informed me.
The Court here adjourned till tomorrow, Tuesday,
account Of the i'll health of the Judge.
James r. Whiting and Prescott Hall, Esqrs, for plain
tiff; Mr.. OConnor and Mr.. Schiefein, for defendant