Deep Rock Oil Corp. v. Howell

• Decision Date: 13 July 1948
• Docket Number: 32514.
• Citation: 204 P.2d 282,200 Okla. 675,1948 OK 173
• Parties: DEEP ROCK OIL CORPORATION et al. v. HOWELL, Judge.
• Court: Oklahoma Supreme Court

204 P.2d 282

200 Okla. 675, 1948 OK 173

DEEP ROCK OIL CORPORATION et al. v. HOWELL, Judge.

No. 32514.

Supreme Court of Oklahoma

July 13, 1948

Original proceeding in prohibition by the Deep Rock Oil Corporation and another against Bob Howell, Judge of the District Court of Seminole County, Okl., and another.

Writ granted.

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.1941§ 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.

Pierce Rucker, Mock, Tabor & Duncan, of Oklahoma City, and Horsley Epton & Culp, of Wewoka, for petitioners.

Sandlin & Balch, of Holdenville, and Homer Bishop, of Seminole, for respondents.

R. H Wills, J. H. Crocker, J. P. Greve, J. H. Woodard, Ben Hatcher and Oscar E. Swan, Jr., all of Tulsa, Rainey, Flynn, Green & Anderson and Richardson, Shartel, Cochran & Pruet, all of Oklahoma City, Anglin, Stevenson & Huser, of Holdenville, Hudson, Hudson & Wheaton, A. M. Covington, Victor Mieher, and Booth Kellough, all of Tulsa, A. R. Daugherty, of Oklahoma City, and Don Emery, R. B. F. Hummer, Rayburn L. Foster, L. A. Rowland, Alton H. Rowland, A. M. Ebright, Hayes McCoy, J. E. Jarvis, and R. O. Mason, all of Bartlesville, amici curiae.

GIBSON Justice.

This is an original proceeding for a writ prohibiting respondent from futher exercising jurisdiction in cause No. 24,179, pending in the District Court of Seminole County, wherein one Charles L. Vannoy is plaintiff and the petitioners herein are defendants.

It is recognized by the parties to this proceeding, and it so appears to the court, that the sole question for determination is the jurisdiction of the district court to entertain a common law action for damages by an employee of an independent contractor who has complete insurance coverage, as required by the Workmen's Compensation Act 85 O.S.1941 § 1 et seq., against the principal contractor where such employee received an accidental injury in the course of his employment by reason of the negligence of the...