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WORKMAN v. CITY OF EMPORIA

No. 44,869

200 Kan. 112 (1967)

434 P.2d 846

MARTEL WORKMAN, by ELSIE WORKMAN, His Wife and Next Friend, Appellant, v. THE CITY OF EMPORIA, KANSAS, A Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1967.

Attorney(s) appearing for the Case

Dale A. Spiegel, of Emporia, argued the cause, and Hans L. Peterson, of Lawrence, George E. McCullough, W.L. Parker, Jr., Robert B. Wareheim, Reginald LaBunker, and James L. Rose, all of Topeka, were with him on the brief for the appellant.

Marc A. Hurt, of Emporia, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The plaintiff, Martel Workman, brings this action by Elsie Workman, his wife and next friend, to recover damages from the city of Emporia, Kansas, for personal injuries allegedly sustained as a result of negligence on the part of city police officers. The city filed a motion to dismiss the action on the ground that the petition failed to state a claim upon which...

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