Lucid

This is an action for damages for personal injuries, and the appeal is by the plaintiff from the judgment of dismissal of the action entered after and upon the order sustaining the demurrer to the second amended complaint, the plaintiff having failed or refused further to amend, notwithstanding that he was by the court given leave to amend within ten days from and after the making of the order sustaining the demurrer.

The salient facts stated in the complaint may be given in a summary fashion as follows: That the defendant, a corporation, was and had been for a long period of time the owner of a certain building, in the city of Stockton, and that the ground floor of said building was subdivided into storerooms and the same rented to tenants engaged in various lines of business; that one of said storerooms was rented by the defendant for a period of five years, at a stated and stipulated rental, to H. L. Anthony and Frank Coster to conduct therein a retail liquor business; that, prior to the time Anthony and Coster entered into the possession of said premises, the defendant “carelessly and negligently cut a hole in the floor of said premises of the dimensions of about seven feet…