25 A. 912 | R.I. | 1892
We cannot say that the verdict was against the evidence on the ground that the plaintiffs were guilty of contributory negligence. Although it is true that the plaintiffs had on several occasions fastened back the urinal faucet in their store for the purpose of flushing the basin, which had prevented, wholly or in part, the water from reaching the store of the defendant, Asa K. Potter, for longer or shorter intervals, and, either through forgetfulness or otherwise, had even allowed it to remain so fastened all night, such acts did not warrant the defendant, Frank Potter, in leaving open the faucet of the wash basin on the assumption that said urinal faucet had been so fastened on the night of the accident and would remain so all night. The testimony *112
does not show that in fact the urinal faucet had been fastened back on the night of the accident. Moreover, it appeared that the supply pipe passed through two other stores before entering the store of the plaintiffs. It may well have been that the occupants of these stores by their use of the water, instead of the plaintiffs, prevented it from reaching the store of the defendant, Asa K. Potter, at the time of the attempt of Mr. Frank Potter to draw it into the wash basin. The testimony shows that the time drawing of water by those tenants through whose premises the supply pipe first passed was enough to prevent the tenants farther removed from obtaining water, especially at the time of the accident when the meter had become clogged so that it would at times fill up and obstruct the ordinary flow of the water. The cases cited by the defendants to this point are very different from the case at bar. Rudolphy v. Fuchs, 44 How. Pr. 155,Brown v. Elliott, 45 How. Pr. 182, and Moore v. Goedel,
Nor do we think the court below erred in permitting the plaintiff, Inman, to testify as to his estimate of the damage to his stock. In the cases of Wehle v. Haviland, 42 How. Pr. 399; Brown v. Elliott, 45 How. Pr. 182, and Teerpenning v.The Corn Exchange Insurance Company,
We are also of the opinion, however, that the damages awarded were excessive, and we will, therefore, grant the defendants a new trial on that ground, unless the plaintiffs will consent to reduce the verdict to $350 and take judgment for that sum and costs.