City of Cherryvale v. Hawman

Citations

• 80 Kan. 170
• 101 P. 994
• 1909 Kan. LEXIS 40

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations —Injury by a Mob■ — Instruction Defining a Mob. In an action under the statute making cities liable for injuries done by mobs an instruction that “a mob is an unorganized assemblage of many persons intent on unlawful violence, either to persons or property,” is not erroneous because it makes no reference to a determination on the part of those composing the assemblage to resist opposition.</p> <p>2. - Charivari Party — Unlawful Violence. Where the members of a charivari party forcibly place .a bride and groom in a wagon against their will, and draw them up and down the streets, they are engaged in an act of unlawful violence within the meaning of such definition. The fact that they are good natured and intend no serious harm to any one does not absolve the corporation from liability.</p>