Trouser Corp. of America v. Goodman & Theise, Inc.

GOODRICH, Circuit Judge.

This case arises on appeal from a judgment of $2300 for the plaintiff based on the alleged negligence of defendant. Plaintiff and defendant each occupy a floor in a building owned by a third party. Plaintiff’s place of business was, at the time of the occurrence dealt with here, on the floor directly below defendant. As part of the water purifying machinery needed in its business, defendant used a “Fttlflo Filter”. Sometime during the weekend of February 14-15, 1943 water escaped from defendant’s premises and leaked through the floor to the damage of plaintiff. The…