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ROHLFING v. MOSES AKIONA, LTD.

No. 4136.

369 P.2d 96 (1962)

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.

Rehearing Denied February 20, 1962.

Attorney(s) appearing for the Case

F. W. Rohlfing, Moore, Torkildson & Rice, Honolulu, for appellant.

Morris P. Skinner and Skinner, Bennett & Ornelles, Honolulu, for respondents.

Before TSUKIYAMA, C. J., CASSIDY, WIRTZ and LEWIS, JJ., and HAWKINS, Circuit Judge, assigned by reason of vacancy.

LEWIS, Justice.

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 Hawaii Rules of Civil Procedure, 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 of defendant Moses Akiona, Ltd., a contractor...

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