Burroughs v. Employers Liability Assur. Corp.
| Decision Date | 17 April 1967 |
| Docket Number | No. 7008,7008 |
| Citation | 198 So.2d 202 |
| Parties | Jasper D. BURROUGHS v. EMPLOYERS LIABILITY ASSURANCE CORPORATION, Ltd. |
| Court | Court of Appeal of Louisiana — District of US |
Robert L. Kleinpeter, of Kleinpeter & George, Baton Rouge, for appellant.
Wallace A. Hunter of Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, for appellee.
Before LANDRY, ELLIS, and BAILES, JJ.
Plaintiff, while assisting defendant's assured in rounding up some stray cattle, was struck in the mouth, and seriously injured, by a stick thrown by the assured. To the suit filed by plaintiff, defendant interposed a number of defenses, the most important of which was that of non-coverage under the policy. From a judgment dismissing the suit, plaintiff prosecutes this appeal.
Briefly, the facts show that Luther C. Juban, plaintiff's step-father-in-law and defendant's insured, was the owner of a 150 acre farm near Baton Rouge, on which he kept 86 head of cattle. A family of four lived on the farm and did certain work thereon in return for free rent. Mr. Juban maintained workmen's compensation insurance for their protection.
Plaintiff, who lived in a house in Baton Rouge which was provided for him, rentfree, by Mr. Juban, occasionally did some work on the farm, sometimes alone and sometimes when accompanied by Mr. Juban. At the time of the accident hereinafter referred to, plaintiff was employed full-time at a chemical plant at a salary in excess of $500 .00 per month.
On May 3, 1964, plaintiff accompanied Mr. Juban to the farm to help him round up a couple of stray calves which had escaped onto the neighboring property, a farm owned by a Mr. O'Neal. In the process of so doing, both men picked up a stick. As they were engaged in driving the cattle, Mr. Juban threw his stick at one of them, but instead struck plaintiff in the mouth, causing fairly serious injury to his mouth and teeth.
At the time of the accident, Mr. Juban had, in full force and effect, personal liability insurance coverage with The Employers Fire Insurance Company, which was erroneously sued as Employers Liability Assurance Corporation, but which filed an answer herein. The said coverage was part of a comprehensive dwelling policy issued to cover Mr. Juban's home at 164 Delgado Drive, Baton Rouge, Louisiana. By endorsement, a number of other properties owned by Mr . Juban were covered under the personal liability feature of the policy, but the farm was not so included.
The coverage under the policy is extended to losses occurring on the premises designated in...
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