[Download] "Mullins v. Tanksleary" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free

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eBook details

• Title: Mullins v. Tanksleary
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 07, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

2 The material facts are not in serious dispute. Claimant, a laborer, 45 years of age, was engaged by the employer on September 22, 1961, to assist in unloading sheetrock from a railroad car and in delivering it to the Chouteau Lumber Company. While on the premises of the Chouteau Lumber Company, bringing in a second truck load of sheetrock, claimant encountered an employee of that company, one Dan Chupp, who was standing about fifteen to twenty feet away from him. According to one version of the incident which followed, claimant, addressing himself to Chupp, asked "Say, Dubby, where do you want this sheetrock stacked?" Chupp, who mistook the appellation for "Dopey" or "Dummy," began to advance towards claimant, demanding three times to have the epithet repeated. Although claimant did reassure him the word used was "Dubby," Chupp insisted he had been called "a bad name." Stating he would "allow nobody to smear my name," Chupp hit claimant with his fist in the right side of the face. The incident was witnessed by two of claimants co-workers, who gave testimony for the employer; neither of them was certain as to what diminutive nickname claimant had used in calling Chupp. Shortly after the incident, Chupp admitted the encounter resulted from a misunderstanding of claimants remarks. As reflected by an affidavit or stipulation in the record, Chupp believed he had been called "Dopey." It is uncontroverted that the two men hardly knew each other before. There had been no ill-will or animosity between them.

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