Clark v. Southern Kraft Corp.

• Decision Date: 14 December 1942
• Docket Number: 6512.
• Citation: Clark v. Southern Kraft Corp., 11 So.2d 17 (La. App. 1942)
• Court: Court of Appeal of Louisiana
• Parties: CLARK v. SOUTHERN KRAFT CORPORATION.

11 So.2d 17

CLARK v. SOUTHERN KRAFT CORPORATION.

No. 6512.

Court of Appeals of Louisiana, Second Circuit

December 14, 1942

Appeal from Fourth Judicial District Court, Parish of Morehouse D.I. Garrett, Judge.

H.S Hawthorne and F.W. Hawthorne, both of Bastrop, and James H Dormon, of Monroe, for appellant.

Madison Madison & Files, of Bastrop, for appellee.

HAMITER Judge.

Sometime ago this action, presenting a claim for damages under Revised Civil Code Article 2315, was before us on an appeal from a judgment sustaining exceptions of no cause and no right of action. We reversed and set aside that judgment, overruled the exceptions, and remanded the case for trial on its merits. 200 So. 489. Our holding was approved by the Supreme Court on March 3, 1941, by its denying a writ of certiorari.

Plaintiff, Bob Clark, alleged in his petition that while in the employ of defendant, the Southern Kraft Corporation, for six years he worked in close proximity to the beaters that contained acids, liquids and other chemicals necessary in the production of paper; that such beaters were in a bad state of repair and leaked, and he was compelled to walk and stand on the floor where the chemical mixture accumulated and to handle objects saturated with the solution; that because of his more or less constant contact with the chemicals the palms of his hands and soles of his feet became calloused, cracked open, and are sore and tender, which condition prevents his performing labor of any kind.

He further charged that his employer knew or should have known of the leaky condition of the beaters and that the floors were continuously wet with the chemical solution, and it was negligent in failing to remedy the situation and provide for him a safe place to work.

The answer of the Southern Kraft Corporation, now the International Paper Company by virtue of a merger, contained in effect a general denial of plaintiff's averments.

On the trial of the merits there was judgment rejecting the demands of plaintiff and dismissing his suit. He is prosecuting this appeal.

It is undisputed that plaintiff is now experiencing complete disability. As to this, defense counsel comment:

"At the outset, the defendant does not contend that plaintiff is not in a serious condition, or rather, was at the time of the trial in January, of this year. He had large callouses on both hands and on both feet, and, of course, walked with difficulty and could not close his hands without great pain and inconvenience, and, without going further into detail, we wish to call the Court's attention to the fact that we are not contending that plaintiff is not totally and permanently disabled."

A correct description of the work performed by plaintiff is given in the brief of his counsel as follows:

"Plaintiff went to work for defendant company in the year 1932 as a 'dumper' in the 'beater room' of what is known as the 'Bastrop Mill', one of defendant's mills located in Bastrop, Louisiana. He worked for this mill at the same job until October, 1938.

"The 'beaters' at the Bastrop Mill were described as large tubs or vats constructed on the principle of wood barrels. They are about five (5) feet deep, ten (10) feet wide and twenty (20) feet long and have a capacity of approximately three thousand (3000) gallons. They are open on top.

"The 'beaters' are used to mix the stock for manufacturing paper. This stock is introduced into the beater, certain ingredients are added and a roll inside the...