Rathbun Co. v. Simmons

PRESTON (H. L.), J., pro tem.

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…