Legal Opinion

Hodges v. Holding

Supreme Court of Oklahoma

Decided February 27, 1951No. 33909PublishedCited by 18 opinions

1Opinion of the CourtHalley, J.

Section 44, Title 85, O. S. 1941, provides that where a workman, entitled to compensation, is injured “by the negligence or wrong of another not in the same employ,” he may elect to accept compensation or to pursue his common-law remedy for damages against the party injuring him, and against the employer of such party, under the doctrine of respondeat superior. Wylie-Stewart Machinery Co. v. Thomas, 192 Okla. 505, 137 P. 2d 556.

The plaintiff, L. N. Holding, was a driller’s helper employed by Sherin & Son, drilling contractors, who had contracted with Sohio Oil Company to deepen a…

2Cases cited3 opinions

  1. Wylie-Stewart MacHinery Co. v. ThomasSupreme Court of Oklahoma · 1943
  2. New v. McMillanSupreme Court of Oklahoma · 1920
  3. City of Tulsa v. RandallSupreme Court of Oklahoma · 1935

3Cited by18 opinions

  1. Luckett v. Bethlehem Steel Corp.Court of Appeals for the Tenth Circuit · 1980
  2. Nepstad v. LambertSupreme Court of Minnesota · 1951
  3. Kelley v. Summers Pacific Employers Ins. Co. v. Kelley (Two Cases). Kelley v. MartinCourt of Appeals for the Tenth Circuit · 1954
  4. Ishmael v. HendersonSupreme Court of Oklahoma · 1955
  5. Nissula v. Southern Idaho Timber Protective Ass'nIdaho Supreme Court · 1952

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