Oklahoma City v. Caple

Plaintiff in error appeals from a judgment rendered against it in favor of defendant in error for personal injuries sustained by the latter as the result of a cave-in while engaged in the digging of a Civil Works Administration project sewer ditch for the city. The parties are hereinafter referred to as they appeared in the trial court.

Defendant city charges error in the striking from its answer and excluding its offered proof of its defense that plaintiff had accepted compensation from the United States government, and was therefore barred from asserting any claim against the city. There is…