OMAHA PAPER STOCK CO. v. MARTIN K. EBY CONST. CO.

No. 39813.

230 N.W.2d 87 (1975)

193 Neb. 848

OMAHA PAPER STOCK COMPANY, INC., a Nebraska Corporation, Appellant, v. MARTIN K. EBY CONSTRUCTION CO., INC., a corporation, Appellee.

Supreme Court of Nebraska.

May 22, 1975.


Attorney(s) appearing for the Case

Abrahams, Kaslow & Cassman, Frederick S. Cassman, Omaha, for appellant.

Walsh, Walentine & Miles, Thomas J. Walsh, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


SPENCER, Justice.

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...

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