Parker v. City of Hutchinson

The opinion o£ the court was delivered by

O’Connor, J.:

The question presented by this appeal is whether or not a municipality is immune from liability for the alleged tortious acts of its agents in the operation of the city jail.

The case is before this court as a result of the trial court’s sustaining a motion to dismiss filed by the defendant, City of Hutchinson (appellee), to the amended petition of the plaintiff, Charlie L. Parker (appellant), for the reason the same does not state a claim upon which relief can be granted (K. S. A. 60-212 [&]). As applied in this case, the motion to dismiss…