Migues v. Rapides Parish School Board
| Decision Date | 09 January 1935 |
| Docket Number | 4890 |
| Citation | 158 So. 269 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | MIGUES v. RAPIDES PARISH SCHOOL BOARD |
L. R Provosty and W. C. Roberts, both of Alexandria, for appellant.
A. V Hundley and Ben F. Thompson, Jr., both of Alexandria, for appellee.
On January 14, 1929, plaintiff, while painting the smokestack of the Bolton High School, of Alexandria, fell and received severe injuries. On August 24, 1929, he filed suit under article 2315 of the Revised Civil Code against the Rapides parish school board, claiming damages in the sum of $ 50,765.10.
On September 6th following, the school board filed an exception of no cause of action, no right of action; that it was a suit against the state of Louisiana and a case in which the state had not given its consent to be sued.
No further action was taken in the case until April 19, 1933, at which time the attorney who filed the suit withdrew from the case and the present attorneys were substituted to represent plaintiff. On April 20, 1933, a supplemental petition was filed in which the allegations of the original petition were adopted and further allegations made, in the alternative, to bring the case under the Workmen's Compensation Law of Louisiana ().
To this supplemental petition defendant filed a plea of prescription of one year. The plea was overruled by the lower court. Answer was then filed by defendant in which the allegations of the original petition were denied, and, as to the supplemental petition, the defense of independent contractor was urged.
After trial on the merits, the exceptions of no cause of action and no right of action were overruled, and judgment rendered rejecting plaintiff's demands. Plaintiff has appealed to this court. The appeal has not been answered by the defendant.
Since we have concluded that the defense of independent contractor is good, it is unnecessary for us to pass upon the exception of no cause or right of action, plea of prescription, or to discuss whether we would be justified in passing on them since the defendant has neither appealed nor answered the appeal.
Plaintiff is a painter by trade, and most of his work consists of painting high objects. He is what is generally known as a steeplejack. He applied to the superintendent of schools for the parish of Rapides for the job of painting the smokestack of the Bolton High School; and agreed with the superintendent to furnish the paint, the necessary...
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