laun $15 for repairing re louse damay the tuling of a chimney. a Liability denied.
Yen-Yoxo-Kixo, sworn, said—I am owner of the house No. 11, Seward Road. Defendant has been my tenant since 1868. The lease was for two years. It was renewed in'70 for 5 years, The house was put into perfect order on both occasions. No complaints were Some time in °71 or '72, during my 0 from Shanghai, and without my permission or authority, the defendant raised a chimney to the eaves of the cupola, I returned to Shanghai last October. The chimney Tam told fell in Deo. 1873. Mr. Nelson wrote me a letter to that effect. I had to Pay $75 for repairs. Mr. Nelson paid it on '0, Defendant—I lived in the house six years, before you took it, The chimney id not smoke then, I had zine put round the cupola to prevent the rain coming in, I did not know of the chimney bein; built. The first thing knew was that it ba fallen, and that the roof required repairing. T gave orders to my attorney, Mr. Nelson, tohaveitrepaired. I gave him noi to ask for advance of rent. Ihave been sick
etter suggesting arbitration, but you did not from the date of my return. I wrote you jEtsox, sworn, said.—I acted as attorney for plaintiff during his absence, The chimney fell some time during the winter of 1872. I was informed about it, and went and examined the place. I found it necessary to have it repaired immediately, and went to work and caused the repairs to be made; Mr. Blethen was the contractor. In making the repairs I thought it necessary to take away the cupola, The cost of the repairs was 8 To Deféndant.—I don't remember you telling me you intended to remove the chimney. Lromember you complained of the cupola leaking. I saw the damage done in the si Mi, Mannix, sworn, sid.—I have inhabited room through the fall of the chimney.
th house since 1868. The negociations were made with Mr, Nelson. I complain to. him from 1868 to 1870 about the chimney smoking, and also to the collector of rents. I got 10 remedy. In 1870 I took a further lease of the house for five years, and as I intended to remain there so long, L deemed it advisable to raise the chimney. I then got leave from Mr. Nelson to raise it. I told Mr. Nelson I thought it was the landlord's place to pay for it, He replied the landlord was too poor, and if I wanted it done Iliad better do it myself. In Dec. 1871, acting on his permission, I engaged Messrs, Muller and Fisher to raise the chimney five feet. The chimney fell in
Text read from the printed page and cleaned; old type leaves the occasional error.