Cited by
Opinions in Louisiana that cite Speed v. Page, 62 So. 2d 824.
- Zack v. Gurvich 701 So. 2d 750 La. Ct. App. 1st Cir. 1997
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Slocum v. Lamartiniere
369 So. 2d 201
La. Ct. App. 3d Cir. 1979
(1952); Doss v. American Ventures, Inc., 261 La.
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Thomas v. Holland
345 So. 2d 1000
La. Ct. App. 2d Cir. 1977
(1952) that where an employer engaged in a hazardous business undertakes to repair the building housing that business or the equipment therein, his employees are protected by the workmen's compensation laws.
- Brumfield v. Louisiana Board of Alcoholic Beverage Control 265 So. 2d 302 La. Ct. App. 4th Cir. 1972
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Doss v. American Ventures, Inc.
261 So. 2d 615
La. 1972
(1952) 4 Nor can it be said that, as a matter of law, whenever a person constructs or reconstructs his own building to be rented or used commercially he is, or is not, in the construction business.
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Doss v. American Ventures, Inc.
248 So. 2d 358
La. Ct. App. 1st Cir. 1971
(1952) to show that he is entitled to Workmen’s Compensation.
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Fontenot v. Travelers Insurance Co.
236 So. 2d 889
La. Ct. App. 1st Cir. 1970
102; , , (1952); Landry v. Fuselier, 230 La.
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Moak v. Link-Belt Company
229 So. 2d 395
La. Ct. App. 4th Cir. 1970
943 , , 286 (1965), , (1952), our Supreme Court has held that an employer in a hazardous business is liable in compensation to his own employees involved in reconstruction (which is obviously not ordinarily his business), where the employer himself undertakes reconstruction "rather than have it done under contract."
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Doss v. AMERICAN VENTURES INC.
224 So. 2d 470
La. Ct. App. 4th Cir. 1969
943 , , , , insofar as those cases indicate non-liability where repairs are done by contract in the following language: "* * * [If] the operator of an admittedly hazardous business, in the conduct of that business undertakes repair, whether it be of the building housing the same or the equipment therein, rat
- Stephney v. Robertson 219 So. 2d 9 La. Ct. App. 4th Cir. 1969
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Barlotta v. Jefferson Parish Council
212 So. 2d 220
La. Ct. App. 4th Cir. 1968
527 , ; Fajoni v. Town of Amite City, La.App., .
- State v. Wyche 191 So. 2d 496 La. 1966
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Pflieger v. Haws
180 So. 2d 892
La. Ct. App. 1st Cir. 1965
"Similarly, in Speed v. Page [ ], supra, the holding of this court, as well as of the Supreme Court [ , ], was based upon the principle that Speed was performing work which was a part of his employer's business.
- Richard v. United States Fidelity & Guaranty Co. 175 So. 2d 277 La. 1965
- Richard v. United States Fidelity & Guaranty Co. 175 So. 2d 277 La. 1965
- Segura v. Leleux 158 So. 2d 393 La. Ct. App. 1st Cir. 1963
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Edwards v. Stafford
153 So. 2d 106
La. Ct. App. 1st Cir. 1963
This rule, however, , , discussed, infra.
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Finn v. EMPLOYERS'LIABILITY ASSURANCE CORPORATION
141 So. 2d 852
La. Ct. App. 2d Cir. 1962
271 , ; , ; Thibodaux v. Sun Oil Co., 218 La.
- Allen v. Louisiana Board of Alcoholic Beverage Control 141 So. 2d 680 La. Ct. App. 3d Cir. 1962
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Effler v. Edwards
142 So. 2d 599
La. Ct. App. 1st Cir. 1961
the Supreme Court held that when the maintenance of a building, including its repairs, is an operating or production cost of the owner’s business, which costs will eventually be borne by the public, then the maintenance and repairs of such building is in the course of the owner’s business.
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Costanzo v. Southern Farm Bureau Casualty Ins. Co.
124 So. 2d 621
La. Ct. App. 3d Cir. 1960
Thus, in Speed v. Page, La.App.1952, , affirmed , , it was held that the provisions of the Act were intended to protect an employee when he is engaged in employment with reference to, in connection with, incident to, or in promotion of, his employer's trade, business or occupation, and it was not intended that the employee's right of recovery be restri
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Spinato v. Lowe
119 So. 2d 480
La. 1960
527, 528 , , we said: “Under the provisions of LSA-R.S.
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Blades v. Southern Farm Bureau Casualty Insurance
110 So. 2d 116
La. 1959
559 , and May Finance Co. v. Nagy, 223 La.
- O'Brien v. Columbian Carbon Co. 109 So. 2d 285 La. Ct. App. 1st Cir. 1959
- McMorris v. Home Indemnity Insurance Company 107 So. 2d 645 La. 1958
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Guillory v. Coal Operators Casualty Company
95 So. 2d 201
La. Ct. App. 1st Cir. 1957
579 , which the Supreme Court characterized as based upon a finding "as a fact that the defendant's business was not hazardous within the meaning and contemplation of the act `since he was engaged in farming and dairying and not in the repairing or construction business'", , , at page 825.
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Holland v. Marquette Casualty Co.
95 So. 2d 878
La. Ct. App. 1st Cir. 1957
2 Cir., , affirmed without discussion of this point , , 825; McEachern v. Pine Wood Lbr.
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McMorris v. Home Indemnity Co.
94 So. 2d 471
La. Ct. App. 1st Cir. 1957
For example, , , and Landry v. Fuselier, La.
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Fontenot v. Myers
93 So. 2d 245
La. Ct. App. 1st Cir. 1957
Further, there is some question as to the validity of the holdings of these cited cases, in view of the later jurisprudence: , , which awarded compensation to an employee of an admittedly hazardous business, although employed to perform and engaged in activities merely incidental thereto at the time of the accident; Rigsby v. John W. Clark Lumber Company, La.App.
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Tullos v. Long
90 So. 2d 880
La. 1956
527 , ; Freret Civil Association v. Orleans Parish School Board, 223 La.
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Landry v. Fuselier
88 So. 2d 218
La. 1956
If such was the case, , 62 So.
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Succession Washington
87 So. 2d 9
La. 1956
527 , ; Jefferson 7th Ward Social Club v. Grevemberg, 225 La.
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Trappey v. Lumbermen's Mutual Casualty Co.
86 So. 2d 515
La. 1956
592 , —but would ignore the purpose and object of the act, these being to provide funds to sustain the injured employee while he cannot provide for himself.
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Wynn v. Fidelity & Casualty Company of New York
85 So. 2d 315
La. Ct. App. 2d Cir. 1956
Recently the Supreme Court in Speed v. Page, 1952, , , had occasion to review a ruling of this court which presented for our consideration the pronouncements of the Supreme Court in the case of Shipp v. Bordelon, 1922, 152 La.
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Roy v. Guillot
84 So. 2d 469
La. Ct. App. 2d Cir. 1956
2d 138 , affirmed , , it was held that the provisions of the Act were intended to protect an employee when he is engaged in employment with reference to, in connection with, incident to, or in promotion of, his employer's trade, business or occupation, and it was not intended that the employee's right of recovery be restri
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Lachney v. Chance
84 So. 2d 871
La. Ct. App. 1st Cir. 1956
527 , ; Hirt v. City of New Orleans, 225 La.
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Brown v. Remington Rand, Inc.
81 So. 2d 121
La. Ct. App. 1st Cir. 1955
816 ; Gonsoulin v. Southern Amusement Company, La.App., ; Speed v. Page, La.App., ; Id., , ; Crow v. Hosier, La.App., .
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Dixon v. Herrin Transportation Co.
81 So. 2d 159
La. Ct. App. 1st Cir. 1955
486 , and Speed v. Page, La.App., , and , , should govern and control the decision in this case.
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Landry v. Fuselier
78 So. 2d 442
La. Ct. App. 1st Cir. 1955
Hecker v. Betz, La.App., 172 So.
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Norris v. Hargis
77 So. 2d 60
La. Ct. App. 1st Cir. 1955
Thus, in Speed v. Page, La.App.1952, , affirmed , , it was held that the provisions of the Act were intended to protect an employee when he is engaged in employment with reference to, in connection with, incident to, or in promotion of, his employer’s trade, business or occupation, and it was not intended that the employee’s right of recovery be restri
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State ex rel. Jackson v. Madden
74 So. 2d 29
La. 1954
527 , ; Hirt v. City of New Orleans, 225 La.
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Jefferson 7th Ward Social Club v. Grevemberg
73 So. 2d 777
La. 1954
527 , and cases cited therein.
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May Finance Co. v. Nagy
66 So. 2d 860
La. 1953
and authorities cited therein.