Apart from the issue as to damages and the phase of the case presented by the counterclaim, which will be noticed hereafter, the only issue involved was whether the taking by the defendants was wrongful. On this issue the jury found for the plaintiff, and we think properly so, upon the evidence, for, though there was some conflict as to whether there was still due a small balance on the July installment of rent, the evidence shows a decided preponderance in favor of plaintiff’s contention that nothing was due on that or any other account. The evidence tends to show also that about July 16th the defendant Steele, desiring to build some sort of an addition to the rear of the building, entered upon the back yard without consulting plaintiff, and began and continued his operations there until July 30th, when the plaintiff abandoned the' place and sought to move out the furniture. The workmen employed took away the steps, preventing access to the building from the yard, and excavated for the foundation of the new structure to the depth of several feet. They also destroyed a chimney, which was used by plaintiff’s lodgers in the basement, so that they were compelled to seek lodging elsewhere. Other lodgers left because of the noise incident to the work. So that not only was plaintiff justified in abandoning the premises on account of this action of Steele, but, the rent for July having been fully paid, the furniture could not be seized or held by Steele to enforce the payment of installments thereafter falling due. The plaintiff was by these acts of Steele actually evicted from a part of *590tbe premises, and constructively from tbe rest, and was at liberty to abandon possession, and thus be discharged from any obligation to pay rent for tbe remainder of tbe term.