Jones v. Hennessy
| Decision Date | 01 April 1957 |
| Docket Number | Nos. 42915,43013,s. 42915 |
| Citation | 232 La. 786,95 So.2d 312 |
| Parties | Aurelia JONES v. L. B. Jack HENNESSY and O. C. Hennessy, Inc. (two cases). |
| Court | Louisiana Supreme Court |
Fusilier & Vidrine, Ville Platte, for plaintiff-relator.
Guillory & Guillory, Eunice, for defendant-relator.
Dubuisson & Dubuisson, Opelousas, for defendant in call in warranty-respondent.
We granted writs to review a judgment of the Court of Appeal dismissing a suit under the Workmen's Compensation Laws for total and permanent disability on the ground that the relationship between the plaintiff's employer and the defendant was that of vendor and vendee and hence plaintiff was not within the scope of LSA-R.S. 23:1061, formerly Section 6 of the Workmen's Compensation Act.
Plaintiff brought suit alleging that he was employed by one E. H. Malone, who was a contractor working for the defendant, the principal, and that the contract with Malone was necessary and incidental to the business of the defendant so as to place plaintiff under the provisions of LSA-R.S. 23:1061. The defendant answered denying liability and alleging the relationship of vendor and vendee between himself and Malone.
After trial on the merits, the lower court gave judgment for plaintiff and against the defendant and its insurer, who had been called in warranty. On appeal, the court of appeal reversed this judgment on the ground that the defendant was solely a purchaser and, therefore, not responsible for the compensation due the plaintiff relying upon the decision of the court of appeal in the case of Kline v. Dawson, 84 So.2d 76. Upon application we granted writs and the question presented for determination is the relationship between the plaintiff and the defendant.
The evidence shows that the plaintiff, an illiterate Negro of 31 years of age and a resident of Houston, Texas, was brought from Houston to Basile, Louisiana, by L. B. 'Jack' Hennessy. Hennessy was an agent of O. C. Hennessy, Inc., a Texas Corporation. The plaintiff was employed to take over the logging operations on the tract in Basile on which O. C. Hennessy, Inc. (a purchaser of cross-ties) owned the logging rights. Hennessy (who was the son of O. C. Hennessy and a stockholder in that corporation) moved the plaintiff and his family to Basile, rented the necessary power saws and trucks at so much per tie to plaintiff and in addition made arrangements for plaintiff's groceries, oil, gas, and even rented a house for him. Mr. Hennessy supervised plaintiff's operation on this tract and computed the pay plaintiff was to pay his employees since plaintiff was illiterate. There is no dispute about the fact that on this operation the plaintiff was the employee of the defendant.
After the timber at Basile had been cut, plaintiff was approached by Hennessy who asked him if he would like to move to Evangeline Parish where E. H. Malone had the right to cut timber on the Fontenot tract. Hennessy moved the plaintiff and his family to St. Landry and again paid some rent, grocery bills, gasoline and other expenses and plaintiff was told by Hennessy to cut the timber and take it to the Malone Mill. It is on this operation that the accident disabling the plaintiff occurred and which the defendant contends changed his relationship with the plaintiff.
By credit sale Hennessy sold to Malone one Corley Tie Mill to be used for the purpose of manufacturing railroad cross-ties. This so-called sale contained the following provisions:
The price of the Corley saw mill was $1,908.76 and was represented by a note dated August 15, 1951 payable at so much per tie. The plaintiff never saw Malone before he arrived at the St. Landry location and never talked price with him, the price agreed to be paid plaintiff was fixed by Hennessy before plaintiff's arrival at St. Landry. Hennessy paid two months rent in advance when he moved the plaintiff to this operation and guaranteed him a line of credit so that plaintiff could purchase groceries. The record shows that on this operation the plaintiff was paid by Hennessy except for the payment due him after the accident, which payment was made for the first time by Malone.
It is significant to note that Malone, by the so-called credit sale, on August 15, 1951 purchased the Corley saw mill. The accident to plaintiff occurred on October 13, 1951 and the mill was then sold to a man named Carpenter on October 26, 1951 when there remained a balance due of $1,657.82. The original note signed by Malone and dated August 15, 1951 was never surrendered...
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Bryant v. U.S. Fidelity & Guaranty Co.
...relationship existed between the buyer and the producer of that wood. See Stevens v. Mitchell, supra (102 So.2d 237); Jones v. Hennessy, 232 La. 786, 95 So.2d 312; and Kline v. Dawson, supra (89 So.2d 385). All of those cases are factually distinguishable from the instant suit, however, as ......
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...Tex. 18, 20, 325 S.W.2d 127, 129 (1959); Rood v. Nelson, 14 Misc.2d 859, 860-61, 178 N.Y.S.2d 969, 971 (1958); Jones v. Hennessy, 232 La. 786, 793, 95 So.2d 312, 314 (1957); Mandle v. Kelly, 229 Miss. 327, 345, 90 So.2d 645, 649-50 (1956); and Miller Brothers Construction Co. v. Maryland Ca......
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