Cited by
Opinions in Louisiana that cite Edwards v. Louisiana Forestry Commission, 60 So. 2d 449.
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Colletti v. Port Noma, Ltd.
625 So. 2d 202
La. Ct. App. 1st Cir. 1993
(1952); and Glory, supra.
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Benoit v. Capitol Mfg. Co.
617 So. 2d 477
La. 1993
(1952), adopted a zone of special danger rule.
- Glory v. ZUPPARDO'S ECONO. SUPERMARKET, INC. 532 So. 2d 933 La. Ct. App. 5th Cir. 1988
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Harris v. Sears, Roebuck & Co.
485 So. 2d 965
La. Ct. App. 5th Cir. 1986
As to the merits, we note the trial court, in its reasons for judgment, carefully states: This Court is of the opinion that plaintiff's claim falls within the ambit of the Workmen's Compensation Act primarily in light of the Louisiana Supreme Court holding in Edwards v. Louisiana Forestry Commission [ ], which states: ...
- Quinney v. Maryland Casualty Co. 347 So. 2d 921 La. Ct. App. 1st Cir. 1977
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Lisonbee v. Chicago Mill and Lumber Company
278 So. 2d 5
La. 1973
1087 , (1966), , (1952), as well as vastly preponderant modern jurisprudential interpretations.
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Templet v. Intracoastal Truck Line, Inc.
230 So. 2d 74
La. 1969
( , ) “From all the cases discussed, it appears that when' an employee, at a reasonable time before or after work, enters the ingress or egress of the premises of the employer, which is necessary to the business of the employer, the employee is considered in principle as on the premises and an accident ther
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Criticized
Francis v. Kaiser Aluminum & Chemical Corporation
225 So. 2d 756
La. Ct. App. 4th Cir. 1969
19 (1932), , (1952), noting "the inability of the courts to draft any determinative test."
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Templet v. Intracoastal Truck Line, Inc.
217 So. 2d 725
La. Ct. App. 1st Cir. 1969
Discussing the meaning of “arising out of” the employment, Edwards v. Louisiana *731 Forestry Comm., , (1952), quotes with approval the conclusion : “ * * * that under the broad view now taken of these statutes, ‘ * * * no more is necessary than that the work subject the employee to a peril which comes from the fact that he is required to be in the place where it strikes when it does so.
- Lewis v. Bellow 212 So. 2d 540 La. Ct. App. 3d Cir. 1968
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Powell v. Gold Crown Stamp Company
204 So. 2d 61
La. Ct. App. 2d Cir. 1967
720 , (1942); , (1952); Livingston v. Henry & Hall, La.
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Rogers v. Aetna Casualty and Surety Company
173 So. 2d 231
La. Ct. App. 3d Cir. 1965
Although the Kern case was not cited, the court in the Livingston case applied both the "time, place and circumstance" rule of the Kern case, and another rule referred to as the "zone of special danger" , .
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Colston v. Great American Insurance
173 So. 2d 848
La. Ct. App. 1st Cir. 1965
In a later leading case, , , our Supreme Court held an employee’s disability compensable as arising out of and in the course of his employment, even though when incurred in departing from the post of duty in order to rescue a child attacked by a large dog, because the rescue attempt ‘was reasonably within the scope of those thing
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Blake v. Fidelity & Casualty Co. of New York
169 So. 2d 608
La. Ct. App. 1st Cir. 1964
In the Livingston case the court considered and one of the Judges comprising the majority concurred in the theory that the case fell within another somewhat artificial principle designated as the “zone of danger” , .
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LeCompte v. Kay
156 So. 2d 75
La. Ct. App. 1st Cir. 1963
Concerning the question of whether decedent’s accidental death arose out of his employment by defendant, it is appellants’ position, predicated upon Livingston v. Henry & Hall, La.App., , , , an employee’s injury or death arises out of his employment whenever his employment requires his presence at the place where the accident occurs at the time of its occurrence.
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Gray v. Broadway
146 So. 2d 282
La. Ct. App. 1st Cir. 1962
In a later leading case, , , our Supreme Court held an employee’s disability compen-sable as arising out of and in the course of his employment, even though when incurred in departing from the post of duty in order to rescue a child attacked by a large dog, because the rescue attempt ‘was reasonably within the scope of those thin
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Long v. Hardware Mutual Insurance
137 So. 2d 486
La. Ct. App. 1st Cir. 1962
19 , as well as (concurring opinion) the “zone of special danger” , , is that the shooting arose out of the employment because of the fact that, except for the employment, the victim would not have been at the particular place on the exact date of the occurrence.
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Jagneaux v. Marquette Casualty Company
135 So. 2d 794
La. Ct. App. 3d Cir. 1961
355 , ; Edwards v. Louisiana Forestry Commission (1952), , .
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Alexander v. Insurance Company of the State of Pa.
131 So. 2d 558
La. Ct. App. 3d Cir. 1961
In a later leading case, , , our Supreme Court held an employee's disability compensable as arising out of and in the course of his employment, even though when incurred in departing from the post of duty in order to rescue a child attacked by a large dog, because the rescue attempt "was reasonably within the scope of those thing
- Cutno v. Neeb Kearney & Company 112 So. 2d 628 La. 1959
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Rodgers v. Price
92 So. 2d 305
La. Ct. App. 1st Cir. 1957
*307 In discussing the difficulty of arriving at a definite rule for determining whether or not the injury to an employee arises out of his employment, Fournet, C. J., in Edwards v. Louisiana Forestry Commission, 1952, , , made the following comment: “As Justice Sutherland says in the Cudahy case [Cudahy Packing Co. of Nebraska v. Parramore, 263 U.S. 418 , 44 S.Ct.
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Freeman v. Clark
88 So. 2d 419
La. Ct. App. 1st Cir. 1956
611 , ; Edwards v. Louisiana Forestry Commission, 1952, , .
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O'CONNOR v. American Mutual Liability Ins. Co.
87 So. 2d 16
La. Ct. App. 1st Cir. 1956
a towerman in defendant's employ left the tower on which he was stationed and descended to the ground to rescue a child from the attacks of a vicious dog and in doing so sustained an injury.
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State ex rel. Gill v. Soule
61 So. 2d 605
La. Ct. App. 1st Cir. 1952
See Edwards v. Louisiana Forestry Comm., La.Sup., and cases cited therein.
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Livingston v. Henry & Hall
59 So. 2d 892
La. Ct. App. 2d Cir. 1952
We are, we believe, , reversing the judgment of this court, and citing numerous authorities from our own and other jurisdictions which we believe it unnecessary to set forth in detail here.