Sherwood v. Moxee School District No. 90

Appellants, plaintiffs in the superior court, appeal from a judgment dismissing their complaint pursuant to motion against the complaint alone without additional factual showing as authorized by Rules of Pleading, Practice and Procedure 12 (b) and 56, RCW Vol. O. In other words, the motion to dismiss for failure to state a claim upon which relief may be granted was substituted for the general demurrer of the former practice.

Appellants sued for the death of their son who was a pupil in the Moxee High School. The complaint alleged that the tragedy occurred on a school day while the boy was in…