Koska v. City of Kansas

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages under the mob statute. The principal question presented, and the only one we need to discuss, is whether the petition and opening statement on behalf of plaintiff set forth facts sufficient to state a cause of action under the statute. The portion of the petition material to be considered reads as follows:

*363“That on or about the third day of June at about the hour of two o’clock a. m., plaintiff with her minor children was sleeping on the floor of her home. At about said hour, a mob consisting of four men entered…