Washington v. Ravel

• Citation: 14 S.W.2d 367
• Decision Date: 28 February 1929
• Docket Number: (No. 2245.)
• Parties: WASHINGTON v. RAVEL.
• Court: Court of Appeals of Texas

14 S.W.2d 367

WASHINGTON v. RAVEL.

(No. 2245.)

Court of Civil Appeals of Texas. El Paso.

February 28, 1929.

Rehearing Denied March 16, 1929.

Appeal from County Court at Law, El Paso County; J. M. Deaver, Judge.

Action by Joe Ravel against Richard S. B. Washington. From a judgment for plaintiff, defendant appeals. Affirmed.

Fryer & Cunningham, of El Paso, for appellant.

M. V. Ward and Jos. U. Sweeney, both of El Paso, for appellee.

HIGGINS, J.

The Fisher Hotel Building in the city of El Paso is owned by the Terrazas estate. Appellee Ravel is the lessee of a room upon the ground floor in which he has a shoe store. The upper floors in the building are leased to appellant Washington and used as a hotel.

Appellee's store was flooded with water coming from the floor above, damaging his stock of goods. He brought this suit against Washington to recover the resulting damage to his stock, which he alleged to be $212.35. It was alleged the defendant negligently and carelessly permitted a faucet or toilet to flow in one of the rooms occupied and used by defendant and controlled by him, and flood appellee's premises.

Judgment was rendered in Ravel's favor for $150, from which Washington appeals.

All of the propositions submitted, except two, in different forms assert the evidence is insufficient to show negligence on the part of defendant in causing the injury and damage. The only evidence offered was the testimony of Ravel. He testified:

"On the morning of the 12th of July, I noticed some water run from above my room on to my merchandise. I came down to the store and water was running on my goods; there was about two inches of water, and I couldn't get any one to help me clean it up so I had to work about three hours moving my merchandise. I went back to the store and mopped up the water. A lot of people were in the store looking at the water.

"The following morning, I called Mr. Washington to come and look at the damaged shoes; he went and looked and he told me to take the shoes out of the boxes and he would come back in the afternoon and make an adjustment. I took the shoes out of the wet boxes and I laid them aside for him to come and make the adjustment. He did not come. * * *

"After I received the telephone call and came down to the store the water was coming down right from the hotel, from the ceiling of my room. It was still running, not as much as before. It had been pouring down. Mr. Washington had charge and control of the floor above me at that time. * * *

"Mr. Washington runs the hotel. A hotel where people stay, and where people pay something for the room, I suppose. I do not know what kind of a place it is; I know people stay there. People come there and spend the night and it is a regular hotel. In speaking of the water coming down from the hotel, I do not know from what room the water was coming, but that it was coming from the hotel. I do not know if the room was occupied from which the water was coming through; I couldn't say; I don't know. I know it was from the...