Columbia Laboratories, Inc. v. California Beauty Supply Co.

The plaintiff brought this action to recover damages which it claims to have sustained in consequence of its merchandise being injured by the defendants’ negligence. The damage for which compensation is sought allegedly occurred on January 24, 1941, during a heavy rainstorm, and was caused by rain water seeping through the walls and ceiling of certain premises occupied by the plaintiff as a tenant in a building owned by the defendants. The action is based upon the alleged negligence of the defendants in caring for the roof of their building following certain fire damage to a portion thereof. The case was tried by the court sitting without a jury, the plaintiff prevailed therein, and its damages were assessed at the sum of $1,750. From a judgment entered accordingly in favor of the plaintiff, the defendants prosecute this appeal.

The building in question is a four-story loft structure, the back part of which is divided from the front part by a brick fire wall. As of January 1, 1941, the plaintiff was renting on a month to month basis one of two adjoining lofts, separated by a thin stucco partition, on the second floor of the front portion of said building, and it continued to…