Lemon v. Busey

The opinion of the court was delivered by

Schroeder, J.:

This is an action for the wrongful death of a five year old girl as a result of a fall from the fifth floor roof of a church building. It is brought against the trustees of the church and the Montgomery Elevator Company, claiming that one or all of the defendants were guilty of negligence by leaving a door unlocked which led to the roof, by means of which the child gained access to the roof.

The defendants’ motion for summary judgment was sustained at the pretrial conference, the trial court holding that the child was a licensee on the…