Busby v. Holthaus

Bliss, Judge,

delivered the' opinion of the court.

Defendants excavated a cellar up to the back lino of plaintiff’s lot. Less than four foot from this line was a row of brick privies for the accommodation of the tenement houses belonging to the plaintiff, and under the privies and parallel to the edge of the cellar ran a brick sewer communicating with the large sewer in the street. A f<^w days after the cellar was . dug, the bank caved in, the sewer burst, and the water, etc., ran into the cellar. The case was tried on appeal from the judgment of a justice of the peace, and was submitted to the…