Michigan Supreme Court November 10, 1938, Docket No. 43, Calendar No. 40,199. (Pretzer v. State Psychopathic Hospital)

Sharpe, J.

On September 7,1935, the plaintiff, a man 63 years of age, suffered an accidental injury arising out of and in the course of his employment as a male nurse by the State psychopathic hospital at Ann Arbor. He was kicked in the abdomen by a patient and an operation disclosed a small tear in the lower part of the small intestine.