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ROHLFING v. MOSES AKIONA, LTD.

No. 4136.

45 Haw. 373 (1961)

369 P.2d 96

F.W. ROHLFING, ADMINISTRATOR OF THE ESTATE OF GEORGE A. GROVER, DECEASED v. MOSES AKIONA, LTD., A HAWAII CORPORATION, AND CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION.

Supreme Court of Hawaii.

November 28, 1961.

Attorney(s) appearing for the Case

F.W. Rohlfing (Moore, Torkildson & Rice on the briefs) for appellant.

Morris P. Skinner for appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ AND LEWIS, JJ., AND CIRCUIT JUDGE HAWKINS ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY LEWIS, J.

This is an appeal by the administrator of an estate whose complaint under R.L.H. 1955, § 246-6,1 was dismissed on motion of defendants under H.R.C.P., Rule 12(b), for failure to state a claim upon which relief can be granted. The complaint alleged that plaintiff's intestate, four years of age, fell into a water hole and was drowned through the carelessness...

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