Hibbs v. City of Wichita

The opinion of the court was delivered by This is an appeal from an order overruling a demurrer to an
amended petition. Plaintiff commenced the action by the filing of a petition in
which he sought to recover damages from the defendant city under
provisions of G.S. 1949, 12-201, which read:

"All incorporated cities and towns shall be liable
for all damages that may accrue in consequence of the
action of mobs within their corporate limits, whether
such damage shall be the destruction of property or
injury of life or limb: Provided, however, That the
number of persons that shall constitute a mob under
this act shall be five or more."