Larson v. St. Paul Mercury Indemnity Co.

PHELPS, Justice.

This is an appeal from an order granting the motion of the St. Paul Mercury Indemnity Company, a corporation, defendantappellee, for summary judgment as against Ed Larson, plaintiff-appellant herein. The parties will hereinafter be referred to as plaintiff and defendant.

According to the allegations of the amended complaint the facts are that on July 4, 1951, plaintiff suffered certain injuries as a result of an assault and battery made upon him by A. J. Kirkham and William Brady, police officers in the employ of the city of Flagstaff while they were engaged in unlawfully…