Rodier v. Kline's Inc.

This is an action in which plaintiffs, sub-tenants in a building owned by the defendant,. sue the latter for its alleged neglect in failing to remedy the condition of stoppage in a drain or downspout upon the building, after it knew or could have known of the. condition, resulting in rainwater coming into the premises and injuring plaintiffs’ stock of goods and equipment.

At the conclusion of plaintiffs ’ testimony they took an involuntary nonsuit, with leave. Thereafter they filed a motion to set aside the nonsuit. This the court sustained, resulting in this appeal by defendant.

The facts show…