Rose v. Oklahoma City

This is an appeal from a-judgment of the district court of Canadian county dismissing plaintiff’s (action upon ordering the mandate spread of record in a former opinion of this court in the same action (Oklahoma City v. Rose, 176 Okla. 607, 56 P.2d 775).

It is shown that Joseph L. Rose, as plaintiff, filed his action against the city of Oklahoma City, as defendant, praying for damages alleged to have been caused by the defendant’s negligent construction of a certain bank and dam across the channel of the North Canadian river at 39th street, as a part of the waterworks system of the defendant…