White v. Equitable Real Estate Co., Ltd.
| Citation | 139 So. 45,18 La.App. 714 |
| Decision Date | 11 January 1932 |
| Docket Number | 13,925 |
| Court | Court of Appeal of Louisiana (US) |
| Parties | WHITE v. EQUITABLE REAL ESTATE CO., LTD |
Rehearing Refused January 25, 1932.
Writs of Certiorari and Review Refused by Supreme Court February 29, 1932.
Appeal from the Civil District Court for the Parish of Orleans Division "D." Hon. Walter L. Gleason, Judge.
Action by Mrs. Catherine White against the Equitable Real Estate Company, Limited.
There was judgment for defendant and plaintiff appealed.
Judgment affirmed.
Normann McMahon & Breckwoldt, of New Orleans, attorneys for plaintiff, appellant.
Milner & Porteous and P. M. Milner, of New Orleans, attorneys for defendant, appellee.
This is a suit for compensation brought under the Workmen's Compensation Law of Louisiana ().
Plaintiff is the mother of a young man who was killed while making repairs to the roof of a structure owned by defendant.
Defendant is a corporation which owns certain improved real estate in New Orleans. Defendant resists payment on several grounds, only one of which need be considered. That defense is that a real estate owning company is not engaged in a trade, business, or occupation hazardous in itself, and that such business is not contemplated under the provisions of the statute referred to. From a judgment dismissing her suit, plaintiff has appealed.
The evidence shows that defendant owns one or more buildings or structures in New Orleans; that it leases these buildings to others for profit; that, in the course of maintaining one of the structures, it became necessary to have repairs made to the roof thereof; that it employed Melvin Bing, brother of the decedent, who agreed to make or to have the repairs made, for the sum of $ 40.50; that in making the said repairs the said Melvin Bing made an agreement with his brother, George Bing, decedent, under which George Bing was to perform the actual labor--whether on a wage basis or on a division of profit basis we find it unnecessary to determine. While making the said repairs, the said George Bing received injuries, from which he died.
Plaintiff contends that defendant is engaged in an occupation within the contemplation of the Employers' Liability Act, and that, thus, under section 6 thereof, defendant is liable in compensation for the death of George Bing, because in that section it is provided that:
"Where any person * * * undertakes to execute any work, which is a part of his trade, business or occupation or which he has contracted to perform, and contracts with any other person * * * for the execution by or under the contractor of the whole or any part of the work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation under this act which he would have been liable to pay if that workman had been immediately employed by him."
It is thus argued that, though the said George Bing was an employee of the independent contractor, nevertheless defendant, in contracting with Melvin Bing for the making of the repairs, could not divest itself of its responsibility for any injuries which might be sustained by the said George Bing. It is quite true that one who is engaged in one of the occupations contemplated by the Employers' Liability Act of this state may not contract with another to perform any part of the work contemplated by that trade, business, or occupation, and thereby relieve himself of responsibility to employees of the contractor. In Clementine v. Ritchie, 1 La.App. 296, we said:
"One whose business, trade or occupation consists of the building and selling of houses is a principal within the meaning of Section 6 of the Compensation Law and is liable for compensation due any employee engaged in the construction of the houses whether such employee be directly...
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