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HAMPTON BY AND THROUGH HAMPTON v. HAMMONS

No. 64649.

743 P.2d 1053 (1987)

James Heath HAMPTON, a minor By and Through his mother and father and next friends, Vicky Rae HAMPTON and Harry Hampton, Appellants, v. Leroy HAMMONS, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied October 20, 1987.

Attorney(s) appearing for the Case

Chapel, Wilkinson, Riggs, Abney & Henson by Bill V. Wilkinson, and M.D. Bedingfield, Tulsa, for appellants.

Church & Roberts by Donald Church, Tulsa, for appellee.

KAUGER, Justice.

The issues presented concern the sufficiency of evidence to show: (1) negligence per se by violation of Tulsa Municipal Ordinance, Title 2, Ch. 1, § 2(d); (2) violation of the state dog-bite statute, Title 4 O.S. 1981 § 42.1; (3) common law negligence; and (4) attractive nuisance. We find that: (1) there are material questions of fact necessitating jury resolution on the issues of negligence...

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