Pirrone v. Nuccio

2 Citing cases

  1. Napolin v. Hotel Rose

    137 Cal.App.2d 701 (Cal. Ct. App. 1955)   Cited 3 times

    In H.C. Capwell Co. v. Blake, 9 Cal.App. 101 [ 98 P. 51], a landlord negligently failed to control the drainage of rainwater from the roof; in Rathbun Co. v. Simmons, 90 Cal.App. 692, 698-699 [ 266 P. 369], a tenant's merchandise was damaged by water from a defective roof and drain system which was under the landlord's control and there was evidence that the latter had been negligent. In Pirrone v. Nuccio, 78 Cal.App.2d 864 [ 179 P.2d 18], it conclusively appeared that an upper tenant had notice that there was a leakage of water "either from the bathroom or from the toilet room into the ceiling of the restaurant [below] during a ten-day period immediately preceding the deluge" (p. 869) and failed to use ordinary care in the inspection of the facilities provided for the occupants of the rooms on the second floor of the building directly over the premises occupied by the plaintiff. In Columbia Lab., Inc. v. Cailfornia Beauty Supply Co., 24 Cal.2d 114 [ 148 P.2d 15], the injury was caused by water that seeped through walls and ceiling during a rain storm that occurred after the landlord had negligently failed to repair a fire damaged roof.

  2. Pearl v. Kaline

    82 Cal.App.2d 910 (Cal. Ct. App. 1947)   Cited 1 times

    Therefore, since the evidence would have supported a finding that defendant was negligent and plaintiff was not contributorily negligent, the trial court's order granting a motion for a new trial finds substantial support in the evidence and such order is binding upon this court. Pirrone v. Nuccio, 78 Cal.App.2d 864 [ 179 P.2d 18], is not here in point for the reason that in such case the evidence was not in conflict as to plaintiff's conduct, and the only reasonable conclusion to be drawn therefrom was that plaintiff was contributorily negligent. We find the same situation in Weissman v. Seehusen, 55 Cal.App.2d 391 [ 131 P.2d 10], and Mundy v. Marshall, 8 Cal.2d 294 [ 65 P.2d 65].