161 P.2d 521 (Okla. 1945), 31654, Britt v. Doty

Docket Nº:31654.
Citation:161 P.2d 521, 195 Okla. 620, 1945 OK 179
Opinion Judge:PER CURIAM.
Party Name:BRITT et al. v. DOTY.
Attorney:Ray McNaughton, of Miami, for plaintiffs in error. A. L. Commons and Gayle Pickens, both of Miami, for defendant in error.
Case Date:June 05, 1945
Court:Supreme Court of Oklahoma

Page 521

161 P.2d 521 (Okla. 1945)

195 Okla. 620, 1945 OK 179

BRITT et al.

v.

DOTY.

No. 31654.

Supreme Court of Oklahoma

June 5, 1945

Rehearing Denied June 26, 1945.

Appeal from District Court, Ottawa County; Wm. M. Thomas, Judge.

Action by Mayme Doty, as administratrix of the estate of James Neal Doty, deceased, against Carl M. Britt and another, copartners, doing business as Britt & Britt Milling Company, to recover damages for wrongful death. Judgment for plaintiff, and defendants appeal.

Affirmed.

Syllabus by the Court.

1. It is the duty of the master to warn his employees of dangers arising out of the progress of the work, which are known to him and unknown to them, and this is a nondelegable duty.

2. If there is any testimony reasonably tending to support the verdict of the jury, and said verdict has been approved by the trial court the judgment will not be disturbed on appeal.

Ray McNaughton, of Miami, for plaintiffs in error.

A. L. Commons and Gayle Pickens, both of Miami, for defendant in error.

PER CURIAM.

This action was commenced by Mayme Doty, administratrix [195 Okla. 621] of the estate of James Neal Doty, deceased, plaintiff, to recover damages against the defendants for the wrongful death of James Neal Doty. The case was tried on the second amended petition in which it is alleged that the death occurred by reason of the failure to notify Doty of the dangerous condition of a tailing pile. The defendant demurred to the evidence and moved for directed verdict. The court overruled the motion. The cause was submitted to the jury and a verdict for $10,000 was returned; judgment being entered thereon, the defendants appealed and their sole allegation presented in the brief is the error in overruling the demurrer to the evidence and the motion for directed verdict.

The record discloses that Henry Wade, James Doty, Fred Holt, LeRoy Wade and Joe Nolan were employed by the defendants to load chat from a tailing pile known as the Velie-Lion Chat Pile. This chat was delivered by truck to a mill a short distance away. Joe Nolan was the powder man. His duties consisted of preparing dynamite discharges referred to as shots for loosening the material from the tailing pile. LeRoy Wade was the foreman in charge of the group and ran the shovel operated to load the trucks. The remaining three, including Doty, were...

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8 practice notes
  • 200 P.2d 407 (Okla. 1948), 33030, National Mut. Cas. Co. v. Britt
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 23 Noviembre 1948
    ...of that suit in the name and behalf of the plaintiffs herein. The judgment became final; Britt et al. v. Doty, Adm'x., 195 Okl. 620, 161 P.2d 521, and was paid, one-half by the plaintiffs herein and one-half by the defendant herein. Plaintiffs brought this action in damages against defendan......
  • 218 P.2d 1039 (Okla. 1950), 33030, National Mut. Cas. Co. v. Britt
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 6 Junio 1950
    ...of the facts and circumstances considered and passed upon by this court in the case of Britt et al. v. Doty, Administratrix, 195 Okl. 620, 161 P.2d 521. That was an appeal from wrongful death verdict and judgment. At all times material to this action the plaintiffs Carl M. Britt and Glenn D......
  • 239 P.2d 784 (Okla. 1951), 34739, Newsom v. Medis
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 26 Diciembre 1951
    ...any evidence reasonably tending to support the verdict, and the verdict has been approved by the trial court. Britt v. Doty, 195 Okl. 620, 161 P.2d 521; H. F. Wilcox Oil & Gas Co. v. Jamison, 199 Okl. [205 Okla. 577] 691, 190 P.2d 807, and cases cited in 2 Oklahoma Digest, Appeal and Er......
  • 190 P.2d 807 (Okla. 1948), 32576, H. F. Wilcox Oil & Gas Co. v. Jamison
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 2 Marzo 1948
    ...will be held liable for injuries resulting from his neglect of duty in this respect.' See also Britt et al. v. Doty, Adm'x, 195 Okl. 620, 161 P.2d 521, where in the syllabus it is said: 'It is the duty of the master to warn his employees of dangers arising out of the progress of the work, w......
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8 cases
  • 200 P.2d 407 (Okla. 1948), 33030, National Mut. Cas. Co. v. Britt
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 23 Noviembre 1948
    ...of that suit in the name and behalf of the plaintiffs herein. The judgment became final; Britt et al. v. Doty, Adm'x., 195 Okl. 620, 161 P.2d 521, and was paid, one-half by the plaintiffs herein and one-half by the defendant herein. Plaintiffs brought this action in damages against defendan......
  • 218 P.2d 1039 (Okla. 1950), 33030, National Mut. Cas. Co. v. Britt
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 6 Junio 1950
    ...of the facts and circumstances considered and passed upon by this court in the case of Britt et al. v. Doty, Administratrix, 195 Okl. 620, 161 P.2d 521. That was an appeal from wrongful death verdict and judgment. At all times material to this action the plaintiffs Carl M. Britt and Glenn D......
  • 239 P.2d 784 (Okla. 1951), 34739, Newsom v. Medis
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 26 Diciembre 1951
    ...any evidence reasonably tending to support the verdict, and the verdict has been approved by the trial court. Britt v. Doty, 195 Okl. 620, 161 P.2d 521; H. F. Wilcox Oil & Gas Co. v. Jamison, 199 Okl. [205 Okla. 577] 691, 190 P.2d 807, and cases cited in 2 Oklahoma Digest, Appeal and Er......
  • 190 P.2d 807 (Okla. 1948), 32576, H. F. Wilcox Oil & Gas Co. v. Jamison
    • United States
    • Oklahoma Supreme Court of Oklahoma
    • 2 Marzo 1948
    ...will be held liable for injuries resulting from his neglect of duty in this respect.' See also Britt et al. v. Doty, Adm'x, 195 Okl. 620, 161 P.2d 521, where in the syllabus it is said: 'It is the duty of the master to warn his employees of dangers arising out of the progress of the work, w......
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