Creighton v. District Court of Seminole County

• Decision Date: 24 January 1961
• Docket Number: No. 39333,39333
• Citation: 359 P.2d 581
• Parties: M. E. CREIGHTON and Creighton Drilling Company, a copartnership composed of R. D. Creighton and M. E. Creighton, Petitioners, . Supreme Court of Oklahoma
• Court: Oklahoma Supreme Court

Page 581

359 P.2d 581

1961 OK 11

M. E. CREIGHTON and Creighton Drilling Company, a

copartnership composed of R. D. Creighton and M.

E. Creighton, Petitioners, v DISTRICT COURT OF SEMINOLE COUNTY, State of Oklahoma, and Honorable Bob Howell, Judge of said Court, Respondents.

No. 39333.

Supreme Court of Oklahoma.

Jan. 24, 1961.

Rehearing Denied Feb. 21, 1961.

Syllabus by the Court

1. Employee's right of action for injuries arising out of and in course of hazardous employment and jurisdiction of courts thereover, with certain exceptions, are abrogated by Workmen's Compensation Law (85 O.S.1951 § 1 et seq.).

2. Liability of the principal employer under the terms of the Workmen's Compensation Law of this State to provide compensation for injuries to an employee of an independent contractor is exclusive, and such employee is without right to maintain action in tort against the principal employer on account of such injuries.

3. Prohibition is the proper remedy where an inferior court assumes to exercise judicial power not granted by law or is attempting to make an excessive and unauthorized application of judicial force, and the exercising of jurisdiction by such court where it has no jurisdiction for the reason plaintiff's sole remedy is before the State Industrial Court under the Oklahoma Workmen's Compensation Law, is a case within such rule, and the writ should issue.

An original proceeding in the Supreme Court by M. E. Creighton and Creighton Drilling Company, a copartnership composed of R. D. Creighton and M. E. Creighton, wherein the petitioners are asking for a writ of prohibition against the Honorable Bob Howell, Judge of the District Court of Seminole County, Oklahoma, and the District Court of Seminole County. Writ granted.

A. C. Kidd, Wewoka, Foliart, Hunt & Shepherd, Oklahoma City, for petitioners.

Bishop, Samples & Bishop, William Bishop, Seminole, for respondents.

HALLEY, Justice.

There is an action pending in the District Court of Seminole County, Oklahoma, which is No. 27,786. The plaintiff in that case is Jackie Jearl Criswell, a minor by his father and next friend, R. H. Criswell, and the defendant is R. D. Creighton and M. E. Creighton d/b/a Creighton Drilling Company, a co-partnership.

The proceeding in this Court is an original one wherein M. E. Creighton and Creighton Drilling Company, a co-partnership composed of R. D. Creighton and M. E. Creighton, are petitioners and the District Court of Seminole County and the Honorable Bob Howell, Judge of said Court are respondents. The petitioners are asking this Court to prohibit Judge Howell from proceeding further in case No. 27,786, District Court of Seminole County.

There is no great controversy about the facts in this case. The Creighton Drilling Company had completed the drilling of a well at a point about five miles west of Sapulpa, Oklahoma. It desired to move the drilling rig with all necessary parts and accessories thereof to a point near Butner where it was to sink another well. Cole-Spurgeon sent three trucks to assist in this move. One of these was driven by Bob Paris and Jackie Criswell, the plaintiff in the case No. 27,786, was the swamper thereon. Cole-Spurgeon Drilling Company was a co-partnership composed of K. D. Cole, B. G. Spurgeon and R. D. Creighton. Cole-Spurgeon Drilling Company not only drilled wells but also did a well servicing business. These partnerships were separate and distinct entities but did operate out of the same yard located a mile west of Wewoka.

Cole-Spurgeon Drilling Company was in no sense a trucking concern. It did have trucks that were used in its business. The work that it did for the Creighton Drilling Company in the move from the well near Sapulpa to the new location near Butner, in our opinion, was an integral part of and incident, to the drilling operations of the Creighton Drilling Company. We think that the plaintiff comes under Section 11, 85 O.S.1951, as amended by Chapters 2 and 2a of Title 85 of S.L.1955, as now shown as 85 O.S.Supp.1959, Section 11. The truck on which plaintiff worked was loaded at tht first well by employees of both partnerships. When the truck plaintiff was on was a few miles away from where it started with its load the driver and plaintiff checked their load and discovered it had shifted a little on the float. In endeavoring to adjust the load the plaintiff was seriously injured. Both Creighton Drilling Company and Cole-Spurgeon Drilling Company carried workmen's compensation insurance and Jackie Criswell is now drawing compensation under his claim against Cole-Spurgeon.

The parties will be referred to as in the case in District Court.

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