Davis v. Town of Cashion

9 Citing cases

  1. Spencer v. Bristow

    165 P.3d 361 (Okla. Civ. App. 2007)   Cited 3 times

    ยถ 12 The Oklahoma Supreme Court has stated, "The maintenance and repair of its sewers is a corporate or proprietary function of a city, and the city is liable for injuries sustained because of its failure to maintain and repair sewers properly." City of Holdenville v. Moore, 1956 OK 34, ยถ 8, 293 P.2d 363, 366 (quoting City of Altus v. Martin, 1954 OK 9, ยถ 0, 268 P.2d 228, 229); see also Davis v. Town of Cashion, 1977 OK 59, ยถ 7, 562 P.2d 854, 856; Oklahoma City v. Romano, 1967 OK 191, ยถ 6, 433 P.2d 924, 926. Oklahoma law requires municipalities "to use reasonable diligence and care to see that such sewer is not clogged . . . and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of its sewer." Moore, 1956 OK 34 at ยถ 8, 293 P.2d at 366; see also Davis, 1977 OK 59 at ยถ 11, 562 P.2d at 857 ("Reasonable diligence and care in [the] operation [of a sewer system] is the measure of duty.").

  2. Crestwood Vineyard Church, Inc. v. City of Okla. City

    457 P.3d 278 (Okla. Civ. App. 2019)   Cited 1 times

    The Oklahoma Supreme Court has stated, "The maintenance and repair of its sewers is a corporate or proprietary function of a city, and the city is liable for injuries sustained because of its failure to maintain and repair sewers properly." City of Holdenville v. Moore , 1956 OK 34, ยถ 8, 293 P.2d 363, 366 (quoting City of Altus v. Martin , 1954 OK 9, ยถ 0, 268 P.2d 228, 229 ); see alsoDavis v. Town of Cashion, 1977 OK 59, ยถ 7, 562 P.2d 854, 856 ; Oklahoma City v. Romano , 1967 OK 191, ยถ 6, 433 P.2d 924, 926.Spencer , ยถ 12.

  3. Cities Service Company v. Gulf Oil Corp.

    1999 OK 14 (Okla. 1999)   Cited 44 times
    Applying federal preclusive principles

    Hulett v. First Natl. Bank Trust Co., 1998 OK 81, 956 P.2d 879, 881.Harder, supra note 17 at 302; Davis v. Town of Cashion, 1977 OK 59, 562 P.2d 854, 855. ยถ 12 Here our review of the availability of offensive nonmutual collateral estoppel โ€” which includes the requirements of identical issues actually and necessarily determined by a final and valid decision, i.e. legal conclusions โ€” is plenary.

  4. Matter of McConnel

    886 P.2d 471 (Okla. 1994)   Cited 8 times
    Holding admission of plea negotiations and surrounding statements not error in disciplinary hearing because admission "did not thwart the worthy purpose of Section 2410 [of encouraging] compromise in a criminal proceeding."

    The waiver would have permitted the investigator to testify as to his findings. If indeed the testimony was hearsay, Petitioner could have made a contemporaneous specific objection at the hearing. See Davis v. Town of Cashion, 562 P.2d 854 (Okla. 1977). Or Petitioner could have complied with the request for a waiver prior to the hearing, and if he anticipated that inadmissible hearsay would be offered, filed a motion in limine to prevent its admission into evidence.

  5. Fowler v. Norman Mun. Hosp

    810 P.2d 822 (Okla. 1991)   Cited 6 times

    Blood v. R R Engineering, Inc., 769 P.2d 144, 145 (Okla. 1989).Davis v. Town of Cashion, 562 P.2d 854, 855 (Okla. 1977).Blood, 769 P.2d at 145.

  6. Blood v. R R Engineering, Inc.

    769 P.2d 144 (Okla. 1989)   Cited 10 times

    As this Court has noted, "a demurrer to the evidence admits every fact which the evidence tends to prove in the slightest degree and all reasonable and logical inferences and conclusions therefrom." Davis v. Town of Cashion, 562 P.2d 854, 855 (Okla. 1977). When a plaintiff presents evidence tending to prove the essential elements of the cause of action, the claim will survive a demurrer.

  7. Valley Vista Dev. v. City of Broken Arrow

    1988 OK 140 (Okla. 1988)   Cited 20 times

    Operation of a sewer system is proprietary and not governmental in nature. Davis v. Town of Cashion, 562 P.2d 854, 857 (Okla. 1977); Oklahoma City v. Romano, 433 P.2d 924, 926 (Okla. 1967).

  8. Lester v. Sparks

    1978 OK 68 (Okla. 1978)   Cited 12 times
    Applying heightened standard of proof to alleged fraud in insurance claim

    National had a duty to deal fairly with its insured and at the close of its investigation to pay or deny the Jackson's claim. It should not be faulted for paying under the theft coverage and dealing fairly with its insured under the contract, for economic or other valid reasons. Green v. Safeway Stores, Inc., 541 P.2d 200 (Okla. 1975); Davis v. Town of Cashion, 562 P.2d 854 (Okla. 1977).Century Life Insurance Company, Ltd. of Edinburgh, Scotland v. Rice, 193 Okla. 418, 144 P.2d 953 (1944).

  9. Cartwright v. Atlas Chemical Industries

    593 P.2d 104 (Okla. Civ. App. 1979)   Cited 7 times
    In Cartwright v. Atlas Chemical Industries, Inc., 1979 OK CIV APP 23, 593 P.2d 104, the Court held that packing engineers, qualified in custom packing, could give opinions on packing of blasting caps notwithstanding that neither had packaged explosives.

    ) See also 12 O.S. 1971 ยง 424[ 12-424]; Davis v. Town of Cashion, Okla., 562 P.2d 854; Cook v. Sheffield, 181 Okla. 635, 75 P.2d 1101; Worrell v. Allen, 93 Okla. 3, 219 P. 367; Fender v. Segro, 41 Okla. 318, 137 P. 103. Rather than give a detail account of the numerous and lengthy hypothetical questions and objections thereto, suffice it to say Atlas' objections went to the expertise of the four witnesses or were merely general objections.