Doughty v. Martin

1973 OK 40, 509 P.2d 122
CourtSupreme Court of Oklahoma
DecidedApril 10, 1973
DocketNo. 46382
StatusPublished
Cited by1 cases

This text of 1973 OK 40 (Doughty v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doughty v. Martin, 1973 OK 40, 509 P.2d 122 (Okla. 1973).

Opinion

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, Er-vin Lee Brown, Jr., was working on a “well drilling and seismograph unit” as it stood parked next to his trailer house in [123]*123Doughty’s trailer park located in the City of Weatherford, Oklahoma. Brown was electrocuted when the unit came into contact with an overhead electric line owned and maintained by Public Service Company.

The City of Weatherford is located in Custer County, Oklahoma. At the time the accident occurred, Brown, his wife and minor son, and Doughty were residents of Custer County, Oklahoma. Public Service Company of Oklahoma is an Oklahoma corporation.

Brown’s widow, in her own behalf, and as next friend and natural guardian of her minor son, filed an action in Canadian County seeking damages from Doughty and Public Service Company for the wrongful death of her husband. At the time she filed the action, she and her son were residents of Custer County.

The trial court overruled petitioners’ objections to venue in Canadian County and their motion requesting the court to transfer the action to Custer County pursuant to the doctrine of forum non conven-iens. Petitioners then filed this action asserting venue does not properly lie in Canadian County and, in the event venue is proper there, that the trial court’s action in overruling their motion to transfer the action constituted an abuse of discretion.

Respondents contend 12 O.S. 1971 § 135, establishes venue in Canadian County as to petitioner Public Service Company and venue in Canadian County is therefore proper as to Doughty by virtue of 12 O.S. 1971 §§ 139 and 154. Section 135 provides in part as follows:

“Actions may be commenced against any transportation or transmission company * * * in the county where the cause of action, or some part thereof may have accrued; or, in any county through which or into which the lines of road or any part of the structure of such company may be, or passes; and the plaintiff may elect in which county he will bring the action. * * *”

Respondents contend that § 135 does not define “transmission company”, and therefore the term is to be understood in its ordinary sense unless a contrary intention plainly appears. 25 O.S. 1971 § 1; Board of Trustees of Firemen’s Relief and Pension Fund v. Templeton, 184 Okl. 281, 86 P.2d 1000. They contend Public Service is a transmission company because it “transmits” electricity, and, venue is proper in Canadian County because it has one “transmission line” there. The trial court apparently adopted this theory.

In paragraph 2 of the syllabus of Board of Trustees of Firemen’s Relief and Pension Fund v. Templeton, supra, this Court held:

“In construing a statute, words in common use are to be given their plain, ordinary and commonly understood meaning in the absence of any statutory or well established technical meaning, unless it is clear from the statute that a different meaning was intended, or unless such construction would defeat the manifest intent of the Legislature.”
25 O.S. 1971 § 2, provides as follows:
“Whenever the meaning of a word or phrase is defined in any statute, such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears.”

In determining whether a company was a transportation company within § 135, this Court looked to the definition of transportation company contained in Art. IX § 34, Oklahoma Constitution. Temple v. Dugger, 164 Okl. 84, 21 P.2d 482. We see no reason why this Court should not also look to the constitutional definition of transmission company in determining whether a company is a transmission company within §135.

Art. IX § 34, Oklahoma Constitution, provides in part as follows:

“As used in this Article, the term ‘transportation company’ shall include [124]*124any company, * * * leasing- or operating for hire a railroad, street railway, canal, steamboat line, and also any freight car company, car corporation, or company, * * * in any way engaged in such business as a common carrier * * * the term ‘transmission company’ shall include any company, * * * leasing or operating for hire any telegraph or telephone line; * * *. The term ‘public service corporation’ shall include all transportation and transmission companies, all gas, electric, heat, light and power companies. * * *”

In Shawnee Gas & Electric Co. v. State ex rel. Shawnee City Waterworks, 31 Okl. 505, 122 P. 222, the question was whether a gas company was either a transmission or transportation company under this constitutional provision. There the Court stated :

“It is clear that while a gas company is specifically embraced within the term ‘public service corporation’, as defined by the foregoing constitutional provision, it is not included within the term ‘transportation or transmission companies.’ * *

See also Shawnee Gas & Electric Co. v. Corporation Commission, 35 Okl. 454, 130 P. 127; Oklahoma Natural Gas Co. v. State, 78 Okl. 5, 188 P. 338, affirmed, 258 U.S. 234, 42 S.Ct. 287, 66 L.Ed. 590; Guthrie Gas Light, Fuel and Improvement Co. v. Board of Education, 64 Okl. 157, 166 P. 128.

We believe that it is also clear that an electric company is embraced within the term public service corporation, as that term is used in Art. IX § 34, supra, but is not included within the term transmission company as therein defined. This is so because the constitutional definition indicates that the term transmission company includes only telegraph and telephone companies.

In La Follette v. Albuquerque Gas & Electric Co.’s Rates, 37 N.M. 57, 17 P.2d 944, the court considered a constitutional provision which referred to “telegraph, telephone * * * and other * * * transmission companies.” There the court stated:

“It is true that electric companies do transmit power * * * but it is quite clear that transmission companies mentioned in the constitution do not include this class of corporations. * * * The telegraph and telephone transmit messages and it is in that sense that the word transmission was used.”

Furthermore, the ad valorem tax statutes define the terms “transportation company”, “transmission company”, and “public service corporation.” 68 O.S. 1971 § 2442. These statutes recognize that an electric company transports and transmits light, heat and power. See 68 O.S. 1971 § 2449. However, in spite of this, the definitions contained in § 2442 indicate that an electric company is a public service corporation, but not a transmission or transportation company. This section defines the term transmission company to include: “any company * * * leasing or operating for hire any telegraph or telephone line or radio broadcasting system.”

This clearly indicates that for ad valo-rem tax purposes a transmission company is one that transmits messages.

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1973 OK 40, 509 P.2d 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doughty-v-martin-okla-1973.