Montague v. Burgerhoff

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages for personal injuries. The case was submitted to a jury, which was discharged because it was unable to agree. The defendants appeal from an order overruling their demurrer to the evidence of plaintiff.

The plaintiff in his petition, after setting out the residence of defendants, alleged that they were engaged in the business of operating an ice plant in Wichita; that on June 23, 1937, plaintiff was in the employ of a business house in Wichita as a collector and was put in charge of an account of an…