Benefield v. McDonough Construction Co.

On the former appearance of this case in this court the judgment was reversed because the petition did not state a cause of action because it did not allege facts to show that the defendant was negligent in leaving a hole in the incomplete concrete floor and because there was no actionable negligence alleged against the defendant by reason of the slanting floor because the slant in the floor was not alleged to have been a proximate cause of the injuries to plaintiff. Before the judgment of this court was made the judgment of the trial court the plaintiff amended the petition by adding thereto…