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DOUGHTY v. MARTIN

No. 46382.

509 P.2d 122 (1973)

Don DOUGHTY and Public Service Company of Oklahoma, an Oklahoma Corporation, Petitioners, v. The Honorable Floyd L. MARTIN, Judge of the District Court of Canadian County Seventh Judicial District, State of Oklahoma, et al., Respondents.

Supreme Court of Oklahoma.

April 10, 1973.

Attorney(s) appearing for the Case

Robert L. Lawrence, Doerner, Stuart, Saunders, Daniel & Langenkamp by E.J. Doerner and William C. Anderson, Tulsa, Fogg, Fogg & Howard, El Reno, for petitioner, Public Service Co. of Okl.

Donley & McMillin, Weatherford, for petitioner, Don Doughty.

A. Francis Porta, Porta & Bass, El Reno, Robert E. Shelton, Benefield, Shelton & Johnson, Oklahoma City, for respondents.

BERRY, Justice:

This is an original action wherein Don Doughty and Public Service Company of Oklahoma request this Court to assume original jurisdiction and issue alternative writs of prohibition or mandamus. We assume jurisdiction and grant the writ of prohibition.

The facts are that on May 12, 1972, Ervin Lee Brown, Jr., was working on a "well drilling and seismograph unit" as it stood parked next to his trailer house in

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