King

Appellants sued in a Nevada court to recover damages for personal injuries sustained by appellant Jessie F. King. Upon removal of the cause for diversity of citizenship the complaint was ordered dismissed for failure to state a claim on which relief can be granted. The appeal is from the judgment of dismissal.

Appellants are husband and wife. In this opinion the husband will be referred to as King and the wife as Mrs. King. The complaint recites in detail the evidentiary facts leading up to Mrs. King’s injury. Following is a summary of the allegations of the pleading:

The defendant is engaged in the insulation of structures and has a business house at Reno. King had long been in his employ as a solicitor. In the regular course of his employment King worked out of the business house of the defendant, reported there, arranged his material there, and used the defendant’s building in the course of his work at all times when not actually in the field. He was provided with a key to the main entrance, and in the regular course *380 of his service for the defendant he entered the building at all times and on all days for the purpose of facilitating his work. On a Sunday morning in July…