Miranda v. Halama-Enderstein Co.

Appellee recovered verdict and judgment for $1,000 for personal injuries sustained by falling through a hole in the floor into the basement of a building owned by one Scholle, and in which, as lessee, appellant corporation was carrying on a general merchandise business.

Both the owner and the lessee of the premises were sued. Appellant alleged facts in its separate answer calculated to show that the negligence, if any, in making and maintaining the hole, was that of its codefendant, Scholle. These allegations were stricken out upon Scholle’s motion.

At the close of plaintiff’s case, the…