ON SECOND MOTION FOR REHEARING
MOISE, Justice.By second motion for rehearing intervenor has called our attention to the following pronouncement in our opinion on rehearing which it asserts is fallacious and results in an erroneous conclusion:
“Intervenor also contends that the stipulated facts would have supported a finding of negligence on the part of defendant and a judgment in favor of intervenor. Even though for the sake of argument this might be conceded, the fact remains that the court was not disposed to find negligence. Rather it found insufficient facts upon which to make such a finding. The court having failed to find negligence on the part of the defendant landlord, intervenor cannot recover.”
Having considered the arguments on the motion, we have concluded that the language quoted above was inadvertent and in error, and that we should correct it. Accordingly, it is withdrawn and in lieu thereof the following disposition of intervenor’s claim is made.
Intervenor contends that the stipulated facts would have supported a finding of negligence on the part of defendant and a judgment in favor of intervenor. The trial court found intervenor’s damage resulted from defendant’s negligence. However, the district court, on appeal, determined that “the uncontradicted facts stipulated by the parties will not support a judgment against defendant for negligence” and reversed the trial court. We, in turn, must consider whether the district court applied the proper rule in its determination of the case.
We are impressed that in our review, we are as well situated as was the district court to make this determination and, under the review procedure outlined in Valdez v. Salazar, 45 N.M. 1, 107 P.2d 862, we may consider the findings of the small claims court and weigh the stipulated facts to determine whether the judgment was supported by the facts.
The district court review is limited by § 16-5-12, N.M.S.A.1953, to questions of law, and the findings of fact made by the small claims court, within its powers, are binding and conclusive. If the facts shown by the record do not support the small claims court’s judgment or order, the district court may modify, reverse, remand for rehearing, or set it aside. Under the circumstances here present, the district court was within its rights in making its own determination on the facts, there being none to pass on except those shown in the stipulation. We do not understand, however, how the district court could say that the facts would not support a finding that defendant was negligent.
As already pointed out, there is no dispute that defendant owned and controlled the adjoining premises and had employed an independent contractor to install the additional facilities. Neither is there any question that the damage was caused by defendant’s failure to turn the water off in the lavatory. This failure was occasioned because the pipes serving such lavatory, when installed by the independent contractor, were connected to a different meter from that to which the rest of the building was _ connected. Evidence is also uncontroverted that a door of the building was open and had not been repaired after a break-in, although defendant had been informed of that fact. In the light of this uncontradicted proof there can be no question that a finding of negligence would be amply supported. When this evidence is weighed with the findings of the trial court, we conclude that the trial court’s conclusion that the damage was caused by defendant’s negligence was not error.
Having so concluded, the rule of Valdez v. Salazar, supra, requires a reversal of the district court and affirmance of the small claims court’s judgment insofar as the claim of intervenor is concerned.
It follows that insofar as the opinion on rehearing affirmed the judgment against intervenor, the same was in error, and we now conclude that the judgment of the district court holding in favor of defendant and against intervenor should be reversed and the cause remanded with instructions to affirm the small claims court’s judgment in favor of intervenor.
It is so ordered.
CARMODY, C. J., and CHAVEZ and COMPTON, JJ., concur. NOBLE, J., dissenting.