of the children under 5 years of age in these buildings died. These deaths were largely caused by the diseases which are nourished by dampness and exposure to foul -air. All these facts not only appeared by the testimony, but .were entirely undisputed or unexplained, and although it was made to appear that such had been the condition of affairs in these buildings for several years, there was no pretense that any effort had ever been made to remedy such of them as were remediable, or that the buildings themselves were capable of being repaired or put into such condition as to be fit for human habitation.The appellant here insists that the judgment appointing the commissioners to appraise the damages is erroneous, because there was no sufficient evidence that his buildings were unfit for human habitation, or that they were not capable of being made. fit. No evidence upon this subject was offered by the defendant, and the case stands solely upon the proof made by the plaintiff of the situation and condition of these buildings, and such proof is entirely undisputed. The evidence showed that' the building or buildings, in question were situated in the rear of four other buildings owned by the appellant, which fronted upon Mott street,, and were. also occupied as tenement houses. These rear houses were ninety-one feet long from north to south, and a little over twenty feet wide. The length of the buildings was parallel -with Mott street and they extended across the premises of the defendant, occupying in their, north and south course the whole width of those- premises. They Were five stories high. From the front of these buildings to the rear of the buildings occupying the front of the lot was a court extending the whole width of the lot, and being five feet in width on the n