Jones v. Rossbach Coal Co.

Kroger, District Judge.

This is an appeal from a judgment of dismissal in an action for damages for personal injuries, entered after demurrer to plaintiff’s petition had been sustained and plaintiff had elected to stand on his -petition.

The petition alleged, in substance, that on the 6th day of September, 1933, appellee, Rossbach Coal Company, owned and maintained its offices and business of selling coal at retail in a certain store building in Omaha, Nebraska, and at that time was engaged in remodeling and repairing *303the same; that the main floor of said building was of concrete construction,…