Cited by

Opinions in Louisiana that cite Horrell v. Gulf & Valley Cotton Oil Co., 131 So. 709.

62 citing documents.

Everett v. Rubicon, Inc. 938 So. 2d 1032 La. Ct. App. 1st Cir. 2006
603 , (1930) (it is not part of the trade, business, or occupation of a manufacturing company to erect its factory building); Reeves v. Louisiana & A. Ry.
Jackson v. St. Paul Ins. Co. 897 So. 2d 684 La. Ct. App. 1st Cir. 2004
603 , (Orl.1930): "It is no part of the trade, business, or occupation of [a] manufacturing concern to erect its factory building.
Kirkland v. Riverwood Intern. USA, Inc. 681 So. 2d 329 La. 1996
603 , (1930), a case involving an attempt to bring the injured employer under compensation coverage.
Lewis v. Exxon Corp. 441 So. 2d 192 La. 1983
Rapattoni v. Commercial Union Assur. Co. 378 So. 2d 953 La. Ct. App. 3d Cir. 1979
This Court finds the following words of the Supreme Court in the case of Horrell v. Gulf Valley Cotton Oil Company, Inc., particularly helpful: "The record shows that the particular kind of brickwork which was being done required specialists, and that the regular employees of defendant did not engage in that kind of special work."
Lushute v. Diesi 354 So. 2d 179 La. 1978
603 , (Orl.App.1930), all involved an employee of a contractor.
Fultz v. McDowell 344 So. 2d 410 La. Ct. App. 1st Cir. 1977
603 , , both involved principals and not principal, or general, contractors.
Whittington v. Hopfensitz 321 So. 2d 836 La. Ct. App. 1st Cir. 1975
603 , ; Langenstein v. Reynaud, 13 La.App.
Brown v. Kaiser Aluminum and Chemical Corp. 289 So. 2d 524 La. Ct. App. 1st Cir. 1974
clude that the work being performed by plaintiff, as an employee of Kaiser's independent contractor, Delta Field Erection, Inc., should be classified as new construction, reconstruction, or specialized work, as distinguished from work falling within the ambit of the trade, business or occupation of Kaiser, plaintiff-appellant relies on the cases of Horrell v. Gulf & Valley Cotton Oil Company, (La.App.
Reeves v. Louisiana and Arkansas Railway Company 282 So. 2d 503 La. 1973
453 , (1950) and Horrell v. Gulf & Valley Cotton Oil Co., Inc., 15 La.App., 603 , (1930).
Flores v. Woodard-Walker Lumber Co. 272 So. 2d 422 La. Ct. App. 1st Cir. 1973
App. 603 , (1930), and Finn v. *425 Employers’ Liability Assurance Corp.
Duplechin v. Pittsburgh Plate Glass Company 265 So. 2d 787 La. Ct. App. 3d Cir. 1972
603 , , and was emphasized as a determining factor in Finn v. Employers' Liability Assurance Corporation, La.App., .
Moak v. Link-Belt Company 229 So. 2d 395 La. Ct. App. 4th Cir. 1970
App. 603 , , and was emphasized as a determining factor in Finn v. Employers' Liability Insurance Corporation, La.App., .
Veal v. State, Department of Institutions 232 So. 2d 910 La. Ct. App. 1st Cir. 1970
603 , .” Plaintiff testified that he and several other inmates were in the soap factory at 9:00 o’clock on the morning of September 21, 1966.
Doss v. AMERICAN VENTURES INC. 224 So. 2d 470 La. Ct. App. 4th Cir. 1969
603 , , and was emphasized as a determining factor in Finn v. Employers' Liability Insurance Corporation, La.App., .
Meche v. Farmers Drier & Storage Company 193 So. 2d 807 La. Ct. App. 3d Cir. 1967
603 , ; Tucker v. Texas Co., 203 F.2d 918 (CA 5, 1953, interpreting Louisiana law); Malone, Section 125.
Brechtel v. Gulf States Elevator Corporation 195 So. 2d 403 La. Ct. App. 4th Cir. 1967
Succession of Roux v. Guidry 182 So. 2d 109 La. Ct. App. 4th Cir. 1966
James v. Lykes Bros. S. S. Co. 175 So. 2d 444 La. Ct. App. 1st Cir. 1965
603 , (Orleans 1930); Malone, Louisiana Workmen’s Compensation Law and Practice § 125, and many of the cases there cited, and find no conflict in the law.
Maggio v. A. J. Toups Co. 153 So. 2d 437 La. Ct. App. 1st Cir. 1963
603 , , is applicable to the case at bar.
Sam v. Deville Gin, Inc. 143 So. 2d 838 La. Ct. App. 3d Cir. 1962
603 , where the plaintiff was an employee of an independent contractor performing major repairs and reconstruction of defendant's manufacturing plant.
Finn v. EMPLOYERS'LIABILITY ASSURANCE CORPORATION 141 So. 2d 852 La. Ct. App. 2d Cir. 1962
Caldwell v. US Casualty Company of New York 129 So. 2d 813 La. Ct. App. 2d Cir. 1961
603 , ; Langenstein v. Reynaud, 13 La.App.
Steadman v. American Fidelity & Casualty Company 113 So. 2d 489 La. Ct. App. 2d Cir. 1959
Ball v. Kaiser Aluminum & Chemical Corporation 112 So. 2d 741 La. Ct. App. 1st Cir. 1959
O'Brien v. Columbian Carbon Co. 109 So. 2d 285 La. Ct. App. 1st Cir. 1959
Harris v. Varnado 94 So. 2d 74 La. Ct. App. 1st Cir. 1957
603, at pages 610 and 611, .
Calcote v. Century Indemnity Company 93 So. 2d 271 La. Ct. App. 1st Cir. 1957
603 ], ; Thibodaux v. Sun Oil Co., 218 La.
Hawayek v. Simmons 91 So. 2d 49 La. Ct. App. 1st Cir. 1956
603 , ; Vargas v. Blue Seal Bottling Works, 12 La.
Department of Highways v. Schwabe 79 So. 2d 752 La. Ct. App. 1st Cir. 1955
603 , .” Dorman v. T. Smith & Son, La.App., .
Arrington v. Hearin Tank Lines 80 So. 2d 167 La. Ct. App. 2d Cir. 1955
Patrick v. T. Smith & Sons, Inc. 56 So. 2d 190 La. Ct. App. 1st Cir. 1952
Dorman v. T. Smith & Son 55 So. 2d 587 La. Ct. App. 1st Cir. 1951
Thibodaux v. Sun Oil Co. 49 So. 2d 852 La. 1950
Justin v. Delta Motor Line 43 So. 2d 53 La. Ct. App. 1st Cir. 1949
App. 603 , ; Loprestie v. Roy Motors, Inc. et al., 191 La.
Thibodaux v. Sun Oil Co. 40 So. 2d 761 La. Ct. App. 1st Cir. 1949
App. 603 , ; Seabury v. Arkansas Natural Gas Corp., 171 La.
De Cuers v. Crane Co. 40 So. 2d 61 La. Ct. App. 1st Cir. 1949
Spanja v. Thibodaux Boiler Works 33 So. 2d 146 La. Ct. App. 1st Cir. 1948
Piacun v. Louisiana Coca-Cola Bottling Co. 33 So. 2d 421 La. Ct. App. 1st Cir. 1947
App. 603 , for there the plaintiff, in a case in which unquestionably the doctrine of res ipsa loquitur would have been applicable, made specific charges of negligence and failed to prove them.
Vallette v. Maison Blanche Co. 29 So. 2d 528 La. Ct. App. 1st Cir. 1947
App. 603 , , 715: "* * * the burden is on defendant to show by a preponderance of the evidence that there was no negligence on its part * * *".
Duplantier v. City of Baton Rouge 23 So. 2d 705 La. Ct. App. 1st Cir. 1945
App. 603 , , the doctrine of res ipsa loquitur was applied to the explosion of a tank which killed a workman, and the defendant in attempting to exculpate itself from the prima facie case of negligence resulting from the application of the doctrine advanced three theories as to the possible cause of the explosion of the tank, an
Gerald v. Standard Oil Co. of Louisiana 10 So. 2d 409 La. Ct. App. 1st Cir. 1942
603 , ; 38 Am.Jur., Negligence, Section 305, p. 1001.
Burthlong v. Huber 4 So. 2d 480 La. Ct. App. 1st Cir. 1941
603 , ; Dupuy v. Godchaux Sugars, Inc., La.App., 184 So.
Simoneaux v. Gonzales 4 So. 2d 35 La. Ct. App. 1st Cir. 1941
Bailey v. Simon 199 So. 185 La. Ct. App. 5th Cir. 1940
603 , , we said: “On this ground the exeeption was properly maintained because article 2315 of the Civil Code, under which this suit is brought, as amended by Act No. 120 of 1908, gives to the parents a right of action for the death of a child only in the absence of, a surviving widow or children.
Dandridge v. Fidelity & Casualty Co. of New York 192 So. 887 La. Ct. App. 1st Cir. 1939
603 , ; Seabury v. Arkansas Natural Gas Corporation, 171 La.
Weddle v. Phelan 177 So. 407 La. Ct. App. 3d Cir. 1937
603 , at pages 610 and 611, .
Hecker v. Betz 172 So. 816 La. Ct. App. 1st Cir. 1937
App. 603 , , make this conclusion inevitable.
Smith v. Monroe Grocery Co. 171 So. 167 La. Ct. App. 1st Cir. 1936
McAllister v. Peoples Homestead & Savings Ass'n 171 So. 130 La. Ct. App. 1st Cir. 1936
603 , ; Bradley v. Blakely (La.App.)