City of Iola v. Birnbaum

Citations

• 71 Kan. 600
• 81 P. 198
• 1905 Kan. LEXIS 190

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — City Answerable for Any Bodily Injury by a Mob. The statute providing for the recovery of damages against cities on account of the acts of mobs, “whether such damages ■ shall be loss of property or injury to life or limb” (Gen. Stat. 1901, sec. 2501), applies to all bodily injuries, and is not limited to such as result in death or the loss of a limb.</p> <p>2. -Inability to Prevent Injury Not a Defense. It is no defense to an action brought under that statute to show that the city was unable to prevent the injury.</p> <p>3. - Statute Not Repugnant to Federal Constitution. Such statute is not obnoxious to the constitutional prohibition against depriving any person of property without due process of law.</p>