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LEE v. CITY OF KANSAS CITY

No. 39,120

175 Kan. 729 (1954)

267 P.2d 931

HARRY J. LEE, Appellant, v. THE CITY OF KANSAS CITY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1954.

Attorney(s) appearing for the Case

Alan W. Farley, of Kansas City, argued the cause and William H. McCamish, of Kansas City, was with him on the briefs for the appellant.

William H. Towers, deputy city attorney, argued the cause, and C.W. Brenneisen, Jr., city attorney, James J. Lysaught, deputy city attorney, and John J. Ziegelmeyer, deputy city attorney, all of Kansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action by a father against a city to recover damages for the death of his son, on the theory that his son had been killed by a mob. Defendant's demurrer to the plaintiff's evidence was sustained. The plaintiff has appealed.

After the formal allegations, the petition alleged immediately preceding his death Henry David Lee was proceeding quietly...

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