Rosenbaum

Plaintiff sued to recover damages to Ms stock of goods, which was injured by seepage of water from the premises occupied by the defendants. The cause was tried by the court sitting without a jury and resulted in a judgment for the plaintiff in the sum of $1,147.50. The defendants have appealed on a typewritten record.

The plaintiff was the lessee of a storeroom on the first floor of a five-story building, situated on Polk Street, in the city and county of San Francisco. The defendants were lessees of the four upper stories of the same building. The plaintiff conducted a suit and cloak business and the defendants an apartment house, subletting the separate apartments to separate subtenants. On the morning of July 7, 1927, when plaintiff opened his place of business, he found that water had seeped through the ceiling of his store and damaged his stock in trade. Upon investigation it was found that water had come from the floor of apartment number 219 on the second floor of the building. A plumber was called by the defendants, who examined the plumbing in this apartment and found it free from defect. He then voluntarily went to the basement under plaintiff’s store and found the…