Williams v. Blodgett Const. Co
| Decision Date | 01 March 1920 |
| Docket Number | 22458 |
| Citation | 146 La. 841,84 So. 115 |
| Court | Louisiana Supreme Court |
| Parties | WILLIAMS et al. v. BLODGETT CONST. CO |
Appeal from First Judicial District Court, Parish of Caddo; R. D Webb, Judge.
Action by Frederick Williams and others against the Blodgett Construction Company for damages for the death of John Williams, a brother. From a judgment sustaining an exception of no cause of action, and dismissing the suit, plaintiffs appeal.
Affirmed.
John M Munholland and David I. Garrett, both of Monroe, for appellants.
Fullilove & Scarborough, of Shreveport, for appellee.
Plaintiffs, five in number, all majors, alleging that they are the brothers and sisters of John Williams, deceased, brought this suit, under the general law, for the recovery of damages alleged to have been sustained by them, by reason of his death, whilst engaged in the discharge of his functions as an employe of the defendant, in the construction of a railway bridge and as the result of defendant's negligence, and they prosecute this appeal from a judgment sustaining an exception of no cause of action and dismissing the suit. The exception is based upon the provision of Act No. 20 of 1914, known as the "Burke-Roberts Employers' Liability Act," which reads:
No question of the constitutionality of the statute, or section, thus referred to, is presented by the pleading in the case, and no counsel representing plaintiffs have appeared in this court to urge any such question. We might therefore, perhaps, assume that the appeal has been abandoned. Defendant's counsel have, however, filed a brief in support of the constitutionality of the quoted section, and, since the brief was filed, this court has expressed itself upon the subject as follows:
...
To continue reading
Request your trial
-
Floyd v. Vicksburg Cooperage Co.
...So. 736; Veasey v. Peters, 77 So. 948; Dupre v. Colman, 78 So. 241; Gray v. N. O. Dry Dock & Shipbuilding Co., 84 So. 109; Williams v. Boldgett Const. Co. 84 So. 115; Hogan v. Buja, 262 F. 224; Nash v. Lumber Co., 88. So. 226; Thaxton v. La. Ry. & Nav. Co., 95 So. 773; Hale v. Gilliland Oil......
-
Williams v. Gervais F. Favrot Co.
...188, 37 S.Ct. 247, 61 L.Ed. 667 (1917), Day v. Louisiana Central Lumber Co., 144 La. 820, 81 So. 328 (1919); Williams v. Blodgett Construction Co., 146 La. 841 84 So. 115 (La.1920), Miller v. Hoyle, 328 So.2d 757 (La.App. 1st Cir.1976), Flynn v. Devore, 373 So.2d 580 (La.App. 3rd Cir.1979).......
-
Perez v. Continental Cas. Co.
...Co., 144 La. 120, 81 So. 328 (1919); Colorado v. Johnson Iron Works, 146 La. 68, 83 So. 381 (1919); and Williams v. Blodgett Construction Co., 146 La. 841, 84 So. 115 (1920). In these cases the plaintiffs generally attacked the validity of the Act on the ground that the Act unconstitutional......
-
Shumake v. Home Indem. Co.
... ... Doullot & Williams, 156 La. 412, 100 So. 547; Williams v. Blodgett Construction Co., 146 La. 841, 84 So. 115; Burson ... ...