Workman v. City of Emporia

The opinion of the court was delivered by

Fontron, J.:

The plaintiff, Martel Workman, brings this action by Elsie Workman, his wife and next friend, to recover damages from the city of Emporia, Kansas, for personal injuries allegedly sustained as a result of negligence on the part of city police officers. The city filed a motion to dismiss the action on the ground that the petition failed to state a claim upon which relief could be granted. The trial court sustained this motion and the plaintiff has appealed.

In summary, the petition alleges that on July 22, 1964, the plaintiff was a customer…