(Download) "City of Ardmore v. Stuchul" by Supreme Court of the State of Oklahoma " Book PDF Kindle ePub Free
eBook details
- Title: City of Ardmore v. Stuchul
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 22, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Rehearing Denied January 10, 1956. Application for Leave to File Second Petition for Rehearing Denied February 7, 1956 ¶1
Parties will be referred to as they appeared in the trial court. ¶2 Plaintiff, R.S. Stuchul, brought suit against the defendant, City of Ardmore, for damages to his automobile,
alleging that defendant was a municipal corporation under Oklahoma law; that he was driving his automobile on a certain street
in the City of Ardmore; that defendant through its agent, servant and employee was then engaged in dragging the street with
certain machinery which was used for that purpose; that in dragging said street the dirt was brought from the side of the
street into and spread upon the driving area of the street; that as plaintiff drove his automobile along said street in a
proper and prudent manner, his car struck a piece of concrete approximately 12 x 18 x 6 inches thick, which was covered by
the loose dirt and concealed from the plaintiff, thereby causing $365.80 in damages to plaintiff's car which damages defendant
has refused to pay; that said damages were caused solely by the negligence and want of care of the defendant, or its agent,
servant or employee in placing said concrete slab in the street and covering it with loose dirt and debris, and in so concealing
it that it was impossible for plaintiff to see and to know that it was present in the driving area of the street.