Omaha Paper Stock Co. v. Martin K. Eby Construction Co.

Plaintiff appeals from an order of dismissal entered when it elected to stand on its amended petition to which the trial court had sustained defendant’s demurrer. The sole issue presented is when did plaintiff’s cause of action accrue and the statute of limitations commence to run? We affirm.

On October 1, 1968, fire substantially destroyed plaintiff’s warehouse, when no water flowed into its sprinkler system due to an underground break at some unknown point along the waterline. In October 1971, plaintiff discovered that its waterline had ruptured due to the settling of a 10-foot interceptor…