Montague v. Burgerhoff

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover damages for personal injuries. Plaintiff prevailed, and defendant has appealed.

The case was here before on an appeal from the order overruling defendant’s demurrer to plaintiff’s evidence. (Montague v. Burgerhoff, 150 Kan. 217, 92 P. 2d 98.) In the opinion it was said:

“Our question is whether it is negligence for a proprietor of a building to knock a man down in such a violent and sudden manner as to injure a third party who is just entering the building on a lawful errand.” (p. 220.)

The ruling of the trial…