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 northern extremity, and' .eleven feet at its Widest part. This court was entirely surrounded by buildings, the lowest of which .were ■ three stories high. The , front buildings facing on Mott street, the rear'of .which formed the front wall of this court, were four stories high. , On each end of this narrow court were buildings over forty feet high,' and the rear of the coiirt was formed by the wall of the buildings in question, which were five stories high. At the southeast corner of this court there was a space, of eleven inches between, the rear wall of the building on the next lot-and- the south wall