(Download) "Parker v. City of Hutchinson" by Supreme Court of Kansas * Book PDF Kindle ePub Free
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eBook details
- Title: Parker v. City of Hutchinson
- Author : Supreme Court of Kansas
- Release Date : January 22, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by The question presented by this appeal is whether or not a municipality is immune from liability for the alleged tortious acts of its agents in the operation of the city jail. The case is before this court as a result of the trial court's sustaining a motion to dismiss filed by the defendant, City of Hutchinson (appellee), to the amended petition of the plaintiff, Charlie L. Parker (appellant), for the reason the same does not state a claim upon which relief can be granted (K.S.A. 60-212 [b]). As applied in this case, the motion to dismiss may be treated as the modern equivalent of a demurrer. (United Transport Service Employees ex rel. Washington v. National Mediation Board, 85 U.S. App. D.C. 352, 179 F.2d 446.) The question presented must therefore be decided from the well-pleaded facts of plaintiff's petition.