Hibbs v. City of Wichita

The opinion of the court was delivered by

Parker, J.:

This is an appeal from an order overruling a demurrer to an amended petition.

Plaintiff commenced the action by the filing of a petition in which he sought to recover damages from the defendant city under provisions of G. S. 1949,12-201, which read:

“All incorporated cities and towns shall be liable for all damages that may accrue in consequence of the action of mobs within their corporate limits, whether such damage shall be the destruction of property or injury of life or limb: Provided, however, That the number of persons that shall…