Blake

Action for damages brought by plaintiff as tenant against defendant as landlord, on account of damage to plaintiff’s merchandise caused by flooding from a defective roof of the demised premises and from alleged negligent drainage of rain water therefrom. The cause was tried by the court, sitting without a jury, and plaintiff had judgment, from which, and from the order denying her motion for a new trial, defendant appeals.

The building in question is known as the Blake Block, and is situated on the corner of Twelfth and Washington streets, Oakland, and consists of three stories and basement. Originally the ground floor space was divided into eight rooms used for stores, of which plaintiff occupied all, except one room at the south end of the building, under a lease for seven years and four months, made on May 4, 1903, executed by defendant through her attorney in fact, Mrs. E. H. Havens. The second and third stories were let to various persons for various purposes. Mrs. Havens had an office in the building and its janitor, in defendant’s employment, resided there with his family. There was a light-well extending from the basement up, open at the top, occupying a space eighteen by…