Massengill v. Yuma County

MOLLOY, Judge.

The common question before us in these three consolidated appeals is whether plaintiffs-appellants have stated a claim upon which relief can be granted against the three defendants-appellees. The complaints here tested alleged the negligent failure of a deputy sheriff to arrest two law-violating drivers whose subsequent conduct resulted in the death of the plaintiffs’ decedents.

Plaintiffs’ decedents were killed shortly after midnight on August 9, 1964, on State Highway 99, a few miles north of Parker, in Yuma County. According to the plaintiffs’ complaints, their deaths were…