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Decisions of the Superior Courts of New South Wales, 1788-1899 |
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Published by the Division of Law Macquarie University |
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[negligence - property damage] Howe v. Underwood Supreme Court of New South Wales Forbes C.J., 23 December 1826 Source: Sydney Gazette, 27 December 1826
This was an action brought to recover compensation for an alleged injury, in consequence of the defendant digging a foundation in such a manner as to cause part of the wall of a shop occupied by the plaintiff to fall, whereby considerable loss and damage to his property was occasioned. The damages were laid at £300. Dr. Wardell stated the case. The plaintiff was in the occupation of a shop and premises in George-street. The defendant was possessed of a piece of ground immediately adjoining, on which, being desirous of erecting a building, he proceeded to excavate for the foundation, but, in doing which, he went so near the premises of the plaintiff as to give rise to considerable alarm that the whole building would fall. He was accordingly cautioned that it would be necessary for him to prop up the premises of the plaintiff as he went in, but of such warning he was wholly neglectful; he proceeded in his excavations, and, at last, actually undermined the wall of the plaintiff's premises in such a manner that the injury anticipated did happen - the wall fell, and buried beneath its ruins a large quantity of property, consisting of stationary, account-books, and various other articles, and utterly destroying the counters, shew cases, shelves, and other fixtures with which the shop was furnished. It was for such injury the plaintiff sought reparation. The extent of the damage would be proved, and also, that it was occasioned by the fault of the defendant. --- Verdict for the plaintiff, £65 damages, with costs. |
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