Hanners v. City of Kansas

The opinion of the court was delivered by

Thiele, J.:

This was an action for damages inflicted by an alleged mob, and from a judgment against it the defendant city appeals. Although the appellant specifies error in six particulars, we need notice but one — that the trial court erred in overruling its demurrer to plaintiff’s evidence, for we think it conclusive of the appeal.

For our purpose we shall assume the petition stated a cause of action under the statute making the city liable for damages that may accrue for injury to life or limb in consequence of the action of a mob within its corporate…