Canadian Cnty. v. Burgess
Decision Date | 08 December 1931 |
Docket Number | Case Number: 21695 |
Citation | 1931 OK 757,153 Okla. 294,5 P.2d 752 |
Parties | CANADIAN COUNTY et al. v. BURGESS et al. |
Court | Oklahoma Supreme Court |
¶0 1. Counties--Legal Status of County Free Fair Association.
Under the statutes of this state a county fair association is a separate legal entity and is not an agent of the county.
2. Same--Association Held not "Municipality."
A county free fair association does not come within the term "municipality" as that term is usually defined and as generally understood by the public.
Original action in Supreme Court by Canadian County et al. to review the award of the Industrial Commission in favor of Robert Burgess. Award vacated.
W. R. Withington, for petitioners.
J. Berry King, Atty. Gen., and Robert D. Crowe Asst. Atty. Gen., for respondents.
¶1 This is an original action in this court to review an award of the State Industrial Commission to the claimant for injuries received while engaged in unloading a section of a flooring that was to be placed in a building to be used by the Canadian county fair association wherein exhibits were to be shown at an annual fair.
¶2 The Industrial Commission ordered that Canadian county be made a respondent. While the award of the Commission is not clear, it was evidently intended by the award that Canadian county and the county fair association were each liable to the claimant for compensation. At any rate, the fair association and Canadian county brought this action to review the order of the Commission and each contends that it does not come within the terms of the Workmen's Compensation Act ( ) and also that the employment of the claimant was not of a hazardous nature. The record shows that the claimant was employed by the fair association, and we do not find that there is any evidence tending to show that he was ever employed by the county. It is claimed by the respondent herein that the fair association is an agency of the county in so far as its duty relates to that of conducting fairs.
¶3 We quote the following sections relating to the powers, limitations, etc., of fair associations as found in Compiled Oklahoma Statutes of 1921:
¶4 As shown by section 3634, supra, fair associations are permitted to buy, hold or lease any quantity of land not exceeding 160 acres. And by section 3637, supra, fair...
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Excise Bd. of Le Flore Cnty. v. Kan. City S. Ry. Co., Case Number: 24698
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Excise Bd. of Le Flore County v. Kansas City Southern Ry. Co.
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Kay Cnty. Free Fair Ass'n v. Martin
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