LEMON v. BUSEY

No. 45,436

204 Kan. 119 (1969)

461 P.2d 145

HARRY LEMON, Father and Next of Kin of Michelle Lemon, Deceased, Appellant, v. RODNEY H. BUSEY, RALPH E. EVERITT and L. IRVIN MORGAN, Trustees of THE FIRST BAPTIST CHURCH OF WICHITA, a Religious Corporation, and MONTGOMERY ELEVATOR COMPANY OF KANSAS, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed November 8, 1969.


Attorney(s) appearing for the Case

Orval L. Fisher, of Wichita, argued the cause, and Jack Glaves, Edward Weil, Gerald L. Michaud, Russell Cranmer, M. William Syrios, Jim Lawing, Kenneth Ingham and Bradley Post, all of Wichita, were with him on the brief for the appellant.

H.W. Fanning, of Wichita, argued the cause and was on the brief for the appellees, Trustees of The First Baptist Church of Wichita.

John Prather, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, John T. Conlee, Richard I. Stephenson, John E. Matson and Douglas D. Johnson, all of Wichita, were with him on the brief for the appellee, Montgomery Elevator Company of Kansas.


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.

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