Maus v. City of Salina

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover damages under the mob statute. The city of Salina, defendant, appeals from an order overruling its demurrer to the petition. The sole question presented is whether the alleged wrongdoers constituted — under the allegations of the petition — a “mob” within the meaning of G. S. 1935, 12-201.

The section reads as follows:

“All incorporated cities and towns shall be liable for all damages that may accrue in consequence of the action of mobs within their corporate limits, whether such damage shall be the destruction of…