Opinion
No. 39,415
Opinion filed June 12, 1954.
SYLLABUS BY THE COURT
MUNICIPAL CORPORATIONS — Action Under Mob Statute — Filing Claim — Sufficiency of Petition. The petition examined, and held, the facts therein alleged and relied on are insufficient to state a cause of action against the defendant under the provision of G.S. 1949, 12-201.
Appeal from Sedgwick district court, division No. 1; WILLIAM C. KANDT, judge. Opinion filed June 12, 1954. Reversed with directions.
Douglas E. Shay, of Wichita, argued the cause, and Fred W. Aley and Theodore H. Hill, both of Wichita, were with him on the briefs for the appellant. William C. Norton, of Wichita, argued the cause, and Harry W. Saums, of Wichita, was with him on the briefs for the appellee.
The opinion of the court was delivered by
This is an action to recover damages alleged to have been sustained as a result of the action of a mob within the corporate limits of the defendant city. The appeal is from an order overruling a demurrer to the plaintiff's amended petition.
Except for differences in the identity of the plaintiff and inconsequential allegations of the challenged pleading the issues raised by this appeal are the same as those involved and decided in Hibbs v. City of Wichita, (No. 39,414) 176 Kan. 529, 271 P.2d 791, (this day decided). Therefore based on what is said and held in that decision the order and judgment herein is reversed and the cause is remanded with directions to sustain the demurrer to the amended petition.
It is so ordered.