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

CURTIS, J. 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 remain as such tenant for several months thereafter. This loft constituted the plaintiff’s place of business for the manufacture of numerous pharmaceuticals used in its beauty supply trade, and various chemicals, cellophane labels, bottles and other essential equipment were kept on the premises. On January 4, 1941, a fire started in the hallway on the second floor, spread upstairs through the freight elevator passageway to the fourth or top floor, which the defendants had retained for their own use, and consumed a large area of the roof over the rear portion of the building. Except for some smoke [117]damage, the plaintiff’s loft in the front portion of the building was unharmed by the fire. On January 6, 1941, temporary roof bracings were installed, and on the following day a waterproof canvas covering was nailed in place. The likelihood that the damage to the freight elevator would prevent its operation for several weeks prompted the plaintiff, shortly after the fire and pursuant to an arrangement with the defendants, to move from its loft on the second story to certain allotted space on the ground floor some of its bulky merchandise—goods which could not be handled in the trade without proper elevator facilities. On January 24, 1941, as the result of heavy rains beating on the defendants’ building in its partially destroyed condition and with its temporary roof covering, a large quantity of water leaked through the walls and ceiling of the respective premises occupied by the plaintiff and caused considerable injury to its stock of goods stored on the ground floor and in its second-story loft. The defendants declined to make any reparation for the damage sustained by the plaintiff.