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SAPPINGTON v. SUTTON

No. 44119.

501 P.2d 814 (1972)

Danny Wilburn SAPPINGTON, a minor, by and through his father and next friend, Wilburn Merril Sappington, Appellee, v. Keith P. SUTTON, Appellant.

Supreme Court of Oklahoma.

September 26, 1972.

Attorney(s) appearing for the Case

Blackstock, Joyce & Pollard, William D. Nay, J.C. Joyce, Tulsa, for appellee.

Best, Sharp, Thomas & Glass, Joseph A. Sharp, Jack M. Thomas, Tulsa, for appellant.

JACKSON, Justice.

Plaintiff, Danny Wilburn Sappington, a minor, sued defendant, Keith P. Sutton, for damages resulting from injuries inflicted upon plaintiff by defendant's dog. The case was tried to a jury resulting in a verdict for defendant. After hearing plaintiff's motion for new trial the trial court vacated and set aside the verdict and judgment and ordered a new trial on the ground it was error to instruct on contributory negligence. On appeal the Court of...

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