City of Tulsa v. Whittenhall

HALL, C.

This was an action by A. W. Whittenhall against the city of Tulsa for damages on account of certain personal injuries which he received in falling through the covering of a storm sewer catch basin in one of the streets of that city. The basis of the negligence was that the city, through its employees, placed and permitted a defective lid to remain on the catch basin opening. The defect consisted in the lid being too small.

At the time of the injury the plaintiff was assisting in laying some concrete or stone work near the scene of the catch basin. He left the place where he had been…