Nichols v. Consolidated Dairies of Lake County, Inc.

239 P.2d 740 (1952)

NICHOLS, et al.

v.

CONSOLIDATED DAIRIES OF LAKE COUNTY, INC.,

No. 9034.

Supreme Court of Montana.

January 16, 1952.

Raymond F. Gray, Ronan, Mr. Wellington D. Rankin, Mr. Arthur P. Acher, Helena, for appellants.

John D. French, Polson, Smith, Boone and Rimel, Missoula, for respondent.

METCALF, Justice.

The plaintiff, a child of 12 years of age, was injured while playing upon a passenger elevator in defendant's grain elevator. A general demurrer to the second amended complaint filed by his guardian ad litem was sustained without leave to plead further. He has appealed from the…