Hayes v. Okla. City, Case Number: 29295
| Court | Supreme Court of Oklahoma |
| Writing for the Court | BAYLESS, C. J. |
| Citation | 187 Okla. 490,103 P.2d 563,1940 OK 213 |
| Parties | HAYES v. OKLAHOMA CITY |
| Docket Number | Case Number: 29295 |
| Decision Date | 30 April 1940 |
1940 OK 213
103 P.2d 563
187 Okla. 490
HAYES
v.
OKLAHOMA CITY
Case Number: 29295
Supreme Court of Oklahoma
Decided: April 30, 1940
¶0 1. NEGLIGENCE--Essential elements of actionable negligence.
"To constitute actionable negligence, where the wrong is not willful or intentional, three essential elements are necessary: (1) The existence of a duty on the part of the defendant to protect the plaintiff from injury; (2) failure of defendant to perform that duty; (3) injury to the plaintiff resulting from such failure."
2. SAME--Care required of owner of premises for safety of invitee.
"The duty owing to an invitee from the owner of a premises is to use ordinary care to protect him against dangers which the owner either knew existed or should have known existed."
3. SAME--Failure of evidence showing primary negligence.
"Where plaintiff fails to show primary negligence or breach of duty on the part of' defendant, the judgment should be for defendant."
Hodge & Hodge, of Oklahoma City, for plaintiff in error.
A. L. Jeffrey, Municipal Counselor, J. L. Gowdy, Asst. Municipal Counselor, and J. O. Moss, all of Oklahoma City, for defendant in error.
BAYLESS, C. J.
¶1 Mrs. Nora M. Hayes brought an action in the court of common pleas of Oklahoma County against the city of Oklahoma City, a municipal corporation, and when the trial judge sustained a motion for a directed verdict, she brought this appeal.
¶2 She sought to recover damages for injuries inflicted upon her due to the negligence of the city. She had a permit from the city to fish in one of its lakes. There was a wooden dock from the east shore of the lake extending in a westerly direction into the lake, from which persons fished. May 2, 1938, she was fishing from this dock, and while walkMg along the same toward the shore in an effort to land a fish, she stepped on a board that was loose. As a result she lost her balance and fell through a known hole in the walk into the lake, to her injury. We are convinced from reading her pleading, her testimony, and her briefs that the negligence of the city of which she complains as the direct and proximate cause of her injury was the loose board. As we view the case, her contention is that she fell into the lake as a result of losing her balance by stepping on the loose board, and the fact that...
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City of Hartshorne v. Carlomango, No. 36711
...proper use. Defendant relies upon our holdings in City of Ardmore v. Griffin, Okl., 261 P.2d 218; Hayes v. Oklahoma City, 187 Okl. 490, 103 P.2d 563; City of Woodward v. Bowder, 46 Okl. 505, 149 P. 138. Each of these decisions are sidewalk cases, and are cited by defendant as indicating adh......
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City of Ardmore v. Griffin, No. 35695
...same of which it has no notice, actual or constructive, * * *.' To the same effect is the case of Hayes v. Oklahoma City, 187 Okl. 490, 103 P.2d 563. In the instant case, the petition contained no allegation, nor does the record disclose any evidence, that the municipality had notice, actua......
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City of Hartshorne v. Carlomango, No. 36711
...proper use. Defendant relies upon our holdings in City of Ardmore v. Griffin, Okl., 261 P.2d 218; Hayes v. Oklahoma City, 187 Okl. 490, 103 P.2d 563; City of Woodward v. Bowder, 46 Okl. 505, 149 P. 138. Each of these decisions are sidewalk cases, and are cited by defendant as indicating adh......
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City of Ardmore v. Griffin, No. 35695
...same of which it has no notice, actual or constructive, * * *.' To the same effect is the case of Hayes v. Oklahoma City, 187 Okl. 490, 103 P.2d 563. In the instant case, the petition contained no allegation, nor does the record disclose any evidence, that the municipality had notice, actua......