Ladnier v. James C. Stewart & Co.

• Decision Date: 15 March 1909
• Docket Number: 17,317
• Citation: 48 So. 890,123 La. 206
• Parties: LADNIER v. JAMES C. STEWART & CO. et al
• Court: Louisiana Supreme Court

48 So. 890

123 La. 206

LADNIER v. JAMES C. STEWART & CO. et al

No. 17,317

Supreme Court of Louisiana

March 15, 1909

Appeal from Civil District Court, Parish of Orleans; John St. Paul Judge.

Action by Lawrence Ladnier against James C. Stewart & Co. and the Otis Elevator Company in solido. Judgment for defendants, and plaintiff appeals. Affirmed.

Frank Benjamin Davenport and Benjamin Rice Forman, for appellant.

Solomon Wolff, for appellees James C. Stewart & Co.

Edward Rightor and James Legendre, for appellee Otis Elevator Co.

OPINION

MONROE J.

Statement of the Case.

Plaintiff appeals from a judgment maintaining an exception of no cause of action and dismissing his suit as to James C. Stewart &amp Co. He alleges that James C. Stewart & Co. and the Otis Elevator Company are indebted to him, in solido, for this, to wit:

"That * * * while in the employ of James C. Stewart & Co., and working under the instruction, direction, and observation of the foreman for said James C. Stewart & Co., he was injured under the following circumstances: * * * That said James C Stewart & Co. are building contractors, and are at present engaged in erecting the building known as the 'Maison Blanche,' * * * and that the Otis Elevator Company are contractors engaged in putting elevators in said building. Your petitioner, under orders from the foreman of said James C. Stewart & Co., was engaged in scraping and cleaning cement and mortar from the window, opening in the brick wall forming part of the elevator shaft in said building, in order to put in the window casing. * * * That while thus engaged, and obeying the instructions of the agent of James C. Stewart & Co., the elevator, the property of the Otis Elevator Company, without warning or notice, and unknown to your petitioner, was caused to ascend, by agents and employes of the Otis Elevator Company, with the result that the large, heavy iron weight, used as a balance on said elevator, descended, striking your petitioner's left leg causing a compound fracture, and also badly lacerating and bruising his right thigh. That as a result of said injuries your petitioner has suffered, and still suffers, great bodily and mental pain and agony. That he was confined to his bed. * * * That the injuries received by him were caused and occasioned solely and entirely by the fault, omission, lack of skill, carelessness, and gross negligence of James C. Stewart & Co. and the...