Klopper

This appeal by plaintiff is from an order granting a new trial to defendants Levy.

The complaint states that during all the times in the complaint mentioned, plaintiff was the owner and in possession of a leasehold interest for a term of years, of the first floor of a certain building on O’Farrell Street, in San Francisco, which, on the seventeenth day of November, 1889, was and had been used by him as a store in carrying on his business as a dealer in *526 leather and leather findings, and at said time was thoroughly-stocked with valuable goods; that on said day the defendants broke and entered into plaintiff’s said store from an adjoining store, and by breaking and removing a portion of the.,roof, in consequence of which great quantities of rain came through said walls and ceiling of said store, wetting his stock of goods, damaging the same to the extent of $1,397.81, and preventing him from carrying on business for a period of two weeks, to his damage in the sum of $400, and necessitating the employment of experts to examine his goods, at the cost of $50, and the further cost of $100 in removing his goods.

Respondents’ answer is an attempted denial, but is plainly defective,…