Ashburn v. Oklahoma City

Walter R. Ashburn, plaintiff below, appeals from the judgment of the district court of Oklahoma county sustaining the demurrer of the city of Oklahoma City, a municipal corporation, to his evidence.

Plaintiff was employed by the city in its municipal garbage department. On July 2, 1936, he sustained an injury in the nature of a strain to his back occasioned by the lifting of a heavy garbage can as a part of his duties as a helper.

Plaintiff first filed a claim before the State Industrial Commission, and on appeal it was held that the city was not within purview of the Workman’s Compensation Law…