City of Tulsa v. Roberts

I am unable to agree with the conclusion announced by a majority of my associates in this case, and deem the matter of sufficient importance to warrant an analysis of the case in a dissenting opinion.

In this state the maintenance of streets is a proprietary function of government, and the failure of a municipality to properly perform its duties in connection therewith may constitute the basis of civil liability!

There are, however, two rules recognized by this court, each of which, when applicable, operates to -excuse the municipality from liability.

The one is sometimes known as the “trivial…