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.").
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.
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.
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.
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.
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.
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).
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).
) 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.