Jarrell v. Ewing
| Decision Date | 03 February 1928 |
| Docket Number | 3066 |
| Citation | 7 La.App. 502 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | JARRELL v. EWING |
Appeal from the Ninth Judicial District Court of Louisiana, Parish of Rapides. Hon. Leven L. Hooe, Judge.
Action by Seaman R. Jarrell against Fayette C. Ewing.
There was judgment for defendant and plaintiff appealed.
Judgment affirmed.
J. M Shevin, of Alexandria, attorney for plaintiff, appellant.
White Holloman & White, of Alexandria, attorneys for defendant appellee.
The plaintiff, S. R. Jarrell, a carpenter, while employed by the defendant, F. C. Ewing, and engaged in repairing a building belonging to the latter, received an injury arising out of his employment, which resulted in the loss of the distal and part of the proximal phalanx of the thumb of his left hand, for which he instituted this suit to recover compensation under the Employers' Liability Statute, and he appeals from a judgment rejecting his demands.
In addition to the facts stated above, the evidence establishes that the defendant was a physician, engaged in the practice of his profession, and that there was a dwelling house situated in the immediate vicinity of his residence, which had been kept in bad repair, and that defendant purchased the house with the view of having it repaired and removing an "eyesore", and with the purpose of renting it; that he employed plaintiff to make certain designated repairs on the building, agreeing to pay at the rate of sixty-five cents per hour, and that plaintiff worked nine hours per day for six days a week, and that while engaged in the work a hand-saw, which he was using, in some way slipped and cut his thumb, and that the wound became infected, resulting in the loss as stated above.
Plaintiff, while conceding that defendant's principal occupation was practicing medicine, contends that he was also engaged in the business of leasing houses, and that necessarily one engaged in such business was bound to maintain the buildings leased in repair, and that the work of repairing buildings is designated as hazardous.
Plaintiff concedes that under the construction which has been given to the statute, a householder, or one who employs workmen to repair his dwelling house, as to such work has been held not to be liable under the statute for compensation to workmen who may be injured while engaged in such work (Shipp vs Bordelon, 152 La. 795, 94 So. 399; Blane vs....
To continue reading
Request your trial
-
Edwards v. Stafford
...it cannot be held that he was an employee of defendant company under the Employers' Liability Act of this state * * *.' In Jarrell v. Ewing, 7 La.App. 502, the employee was engaged by a physician to remodel a house for the purpose of making it siutable for renting and compensation was denie......
-
McMorris v. Home Indem. Co.
...Mutual Liability Company, La.App., 66 So.2d 534 (inapposite because of the facts); Brooks v. Smith, La.App., 41 So.2d 800; Jarrell v. Ewing, 7 La.App. 502. For the above and foregoing reasons we are of the opinion that the employer, Vernon D. McDaniel, was engaged in the trade, business or ......
-
McAllister v. Peoples Homestead & Savings Ass'n
...So. 508; Blane v. Iglehart, 5 La.App. 17; Lay v. Pugh, 9 La.App. 183, 119 So. 456; White v. Equitable Real Estate Co., supra; Jarrell v. Ewing, 7 La.App. 502; Ham v. Const. Co., 8 La.App. 797; Shipp v. Bordelon, 152 La. 795, 94 So. 399; Horrell v. Gulf & Valley Oil Co., 15 La.App. 603, 131 ......
-
Doss v. American Ventures, Inc.
...our view that ordinary maintenance and repair of leased premises is a part of the operation of the usual lessor's business. In Jarrell v. Ewing, 7 La.App. 502, cited by appellants, the defendant's principal purpose in purchasing and restoring a house near his home was to rid the neighborhoo......