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GARDNER v. KOENIG

No. 42,145

188 Kan. 135 (1961)

360 P.2d 1107

TRUE GARDNER, Appellee, v. VICTOR KOENIG and LESTER OBERHELMAN, Appellants.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

David H. Fisher, of Topeka, argued the cause, and C. Harold Hughes, of Manhattan, and Irwin Snattinger and Donald Patterson, both of Topeka, were with him on the briefs for the appellants.

John A. Bausch, of Topeka, argued the cause, and Charles D. Green, of Manhattan, and L.M. Ascough, E. Edward Johnson and Wayne T. Stratton, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for damages in which the plaintiff seeks to recover for personal injuries as a result of the alleged negligence of the defendants in turning a nervous and unruly cow into a sales ring unescorted and unattended. Appeal has been duly perfected from an order of the trial court overruling a demurrer to the plaintiff's third amended petition.

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