Baisley

Plaintiff, a minor, who was negligently shot by a patrolman of the city of Glendale, a city of the sixth class, of which the defendants are the duly elected and acting trustees, brings this action against defendants to recover of them damages for the negligent shooting by the police officer. A general and special demurrer was interposed to plaintiff’s complaint. .The demurrer was sustained. Plaintiff, declining to amend, appeals from the judgment entered after the order sustaining the demurrer.

The complaint alleges that, prior to the time when plaintiff was negligently shot by the patrolman, the defendants, as the city trustees, had adopted an ordinance—a copy of which is attached to the complaint as an exhibit—whereby five city departments for the administration of the business of the city were established, the appointment of certain city officials was provided for and their powers and duties defined. One of the five departments thus established, or attempted to be established, is designated in the ordinance as the “Public Safety Department.” It is provided that one of the officers of that department shall be the city marshal, who shall be ex-officio chief of police, who shall…