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GARDNER v. McDOWELL

No. 45,258

202 Kan. 705 (1969)

451 P.2d 501

BENJAMIN F. GARDNER, ANNA WEBSTER, LELA GUYTON and DELLA LEWIS, Appellants, v. JOSEPH H. McDOWELL, MAYOR; THE CITY OF KANSAS CITY, KANSAS; LLOYD ROGERS and LAWRENCE STAHL, Appellees.

Supreme Court of Kansas.

Opinion filed March 8, 1969.

Attorney(s) appearing for the Case

John Fields, of Kansas City, argued the cause and David W. Carson, John K. Dear, Ernest N. Yarnevich, J.W. Mahoney and Joseph T. Carey, of Kansas City, and John Anderson, Jr., of Olathe, were with him on the brief for appellants.

Edward H. Powers, II, of Kansas City, argued the cause and was on the brief for the appellees Lloyd Rogers and Lawrence Stahl.

C.W. Brenneisen, Jr., of Kansas City, was on the brief for the appellee City of Kansas City, Kansas.

A.B. Howard, of Kansas City, was on the brief for the appellee Joseph H. McDowell.

The opinion of the court was delivered by

FROMME, J.:

The heirs at law of Olive I. Allen filed this action against the City of Kansas City, Kansas, Mayor Joseph H. McDowell and two police officers to recover damages for wrongful death. Olive I. Allen was shot and killed by the two officers in an attempt to apprehend her at 4:30 a.m. on March 29, 1967. The plaintiffs appeal from an order dismissing the action.

The petition was filed June 30, 1967. On...

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