Haddad v. Commercial Motor Truck Co

• Decision Date: 01 March 1920
• Docket Number: 23659
• Citation: 146 La. 897,84 So. 197
• Court: Louisiana Supreme Court
• Parties: HADDAD v. COMMERCIAL MOTOR TRUCK CO

84 So. 197

146 La. 897

HADDAD v. COMMERCIAL MOTOR TRUCK CO

No. 23659

Supreme Court of Louisiana

March 1, 1920

Rehearing Denied April 5, 1920

Appeal from First Judicial District Court, Parish of Caddo; J. R Land, Judge.

Proceedings under the Employers' Liability Law by Mrs. Osie Haddad to recover for the death of her husband, opposed by the Commercial Motor Truck Company, employer. From a judgment sustaining an exception of no cause of action after a trial on the merits, plaintiff appeals.

Reversed and remanded, with directions.

Murff & Mabry, of Shreveport, for appellant.

Wise, Randolph, Rendall & Freyer, of Shreveport, for appellee.

DAWKINS J. PROVOSTY, J. dissents. O'NIELL, J.

OPINION

DAWKINS, J.

Plaintiff appeals from a judgment sustaining an exception of no cause of action, after a trial on the merits in this case. The exception had formerly been overruled by another judge of the same court, prior to the trial on the merits.

The action was brought under the Employers' Liability Law, and the petition alleges that the husband of plaintiff was killed while in the discharge of his duties, "driving a motortruck, the property of said company, on the public road near Grand Cane, La. Her husband was killed by falling from said motortruck, some of the wheels of which passed over his body."

Defendant admits the employment of the deceased, but denies that it is engaged in any of the businesses mentioned or contemplated by the employers' liability statute, or that the said Haddad was performing any service which fell within that category.

Opinion -- Exception of No Cause of Action.

The question of whether or not the petition discloses a cause of action, depends upon the interpretation to be given to the following sentence of subdivision (a) of paragraph 2 of section 1 of Act No. 20 of 1914, to wit:

"Every person performing services arising out of and incidental to his employment in the course of his employer's trade, business or occupation in the following hazardous trades, businesses and occupations: * * *

"The installation, repair, erection, removal or operation of boilers, furnaces, engines and other forms of machinery."

The petition alleges, in addition to the nature of the work which the deceased was performing at the time of his death:

"That her said husband was an employ of the Commercial Motor Truck Company prior to and at the time of his death; said company is a corporation organized under the laws of the state of Louisiana, domiciled at Shreveport, Louisiana, with W. H. Jordan as president; said M. G. Haddad having worked for said company or corporation for some time as a driver of motortrucks, selling and delivering same, and performing any other duties he was called on to do in connection with said company's motortruck business."

The effect of this and the other allegations of the petition is to charge that the defendant was engaged in the handling, selling, operation, and delivery of motortrucks, and the issue therefore is as to whether or not it was operating "engines" or "other forms of machinery," within the meaning and contemplation of the clause of the statute above quoted.

We think we may take cognizance of the fact that motortrucks are operated or propelled by gasoline engines or motors, which by the use of gasoline produce their own energy or motive power. The driving of such motortrucks necessarily involves the operation of such engines.

" The word 'engine' is defined as an ingenious or skillful contrivance used to effect a purpose, and is often synonymous with the word 'machine.' Within such...