Beasy v. Schneider

REES, Justice. Philip Schneider, who was engaged in the plumbing business, entered into a contract with Edward Beasy to do certain plumbing work in a building in Louisville which had been leased by Beasy. The work was to be done on a time and material basis. The work was performed during June and July, 1944, and Schneider rendered a bill for labor performed and materials furnished amounting to $1,328.18. A dispute between the parties arose, and on December 30, 1944, Schneider brought this suit to recover $1,328.18, subject to a credit of $500 paid June 20, 1944. The defendants counterclaimed and sought to recover $2,500 damages alleged to have been caused by the negligent and unworkmanlike manner in which the plaintiff made the plumbing installations. Upon the trial of the case the jury returned a verdict in favor of the plaintiff for $763.18, with interest from July 23, 1944, and, the defendants' motion and grounds for a new trial having been overruled, they have appealed. It is argued that the evidence is insufficient to sustain the verdict, and the instructions are erroneous. Beasy was engaged in the bakery business, and, when the contract with Schneider was entered into, was preparing to move his equipment from the old location in Louisville to the premises at 1801 West Market Street which he had leased for a term of one year with an option to purchase. Before the expiration of the year he incorporated the business under the name of 'Loraine's, Inc.,' and exercised his option of purchase. The building at the new location was old, and the installation of considerable new plumbing was necessary to meet the requirements of the bakery business. The chief complaint of Schneider's work is that he connected a 3-compartment sink on the west wall of the building to a dead sewer line which allowed the drainage from the sink to empty under the floor of the building, causing the floor to buckle and decay. Before the plumbing work was done, Beasy had constructed a wood floor over a concrete floor. Extending through the floor was a 2-inch pipe, and Schneider connected the 3-compartment sink to this pipe after testing the pipe to see if it was clear. He said he tested the pipe by pouring several buckets of water into it, and assumed it was clear and connected with a live sewer when the water did not back up in the pipe. Soon after the work was completed persons working on the premises noticed offensive odors, and about a month later water began seeping from under the building onto the sidewalk. Schneider was summoned, and he began checking pipes and sewer lines. An opening through the wood and concrete floor was made, and the ground was excavated to the point where the 2-inch pipe connected with the sewer line. It was found that this sewer line had been disconnected under the building by a former occupant, with the result that water and waste material flowing into the sewer through the connection made by Schneider was absorbed in the ground under the floor of the building. Schneider testified that he disconnected the waste pipe from the dead sewer and connected it with a pipe leading to a city sewer, but on account of the condition of the ground under the building it was not feasible to make a permanent connection at that time. In order to give the appellees immediate relief, he made a temporary connection which he admits did not comply with the requirements of the city building code as to materials used or method employed, but he informed Beasy that the connection was temporary and a permanent connection in compliance with the code would have to be made later. He claimed that he was not permitted to make the permanent connection later.