Simmons

This is an action for damages brought by plaintiff, as tenant, against defendant, as landlord, on account of damage to plaintiff’s merchandise, caused by rain-water from the roof of the demised premises.

The action was tried by the court sitting without a jury, and judgment was entered in favor of plaintiff for the sum of $2,000, from which judgment the defendant prosecutes this appeal.

The defendant and appellant owned a five-story brick building situated in the city of Sacramento and known as “Inverness Building.” The first story and basement of the building were leased to respondent and used by it in conducting a ladies’ wearing apparel store. The upper stories were leased by appellant to one J. P. Gallagher, who conducted a hotel therein. An open light well, two or three feet wide by three and a half feet long, extended from the first story upward, so that under the light well the building is in effect but one story high. Respondent’s store, therefore, was partly covered by a subroof, or the floor of this light well, and partly by the floor of the second story. This light well gave ventilation and light to the rooms of the hotel, on the second, third, fourth and fifth floors…