Byford v. Town of Asher

The court holds today that the plaintiff’s proof in this negligence ease is sufficient to withstand a demurrer and reverses the trial court’s judgment for the defendant. On the record before it, the court concludes that the evidence adduced by the plaintiff supports a claim rested on the primary negligence of the Town of Asher [city]. Because there is some doubt whether a reasonably prudent person would agree that the plaintiff “assumed the risks” associated with crossing a public alley, the court remands the cause, in accordance with the mandate of Art. 23, § 6, Okl. Const.,1 for submission…