Cited by
Opinions in Louisiana that cite Behan v. John B. Honor Co., 78 So. 589.
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Landers v. New Iberia Motor Co.
155 So. 278
La. Ct. App. 1st Cir. 1934
Accepting this theory of the case, the district judge held, that defendant corporation was liable, , 78 So.
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Jackson v. Travelers' Ins. Co.
156 So. 169
La. 1934
350 , , L. R. A. 1918F, 862; Fox v. United Chemical & Organic Products Co., 147 La.
- Turner v. New Orleans Ice Cream Co., Inc 154 So. 773 La. Ct. App. 1st Cir. 1934
- Wynn v. Standard Roofing Co., Inc 154 So. 668 La. Ct. App. 1st Cir. 1934
- Cannella v. Gulf Refining Co. 154 So. 406 La. Ct. App. 1st Cir. 1934
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Jones v. Lake Charles Compress & Warehouse Co.
153 So. 347
La. Ct. App. 1st Cir. 1934
We think this case in principle comes within the scope of the decision, , 78 So.
- Stovall v. S. Bender Iron & Supply Co. 152 So. 387 La. Ct. App. 1st Cir. 1934
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Jackson v. Travelers' Ins. Co.
151 So. 790
La. Ct. App. 1st Cir. 1934
350 , , L. R. A. 1918F, 862; Fox v. United Chemical & O. P. Co., 147 La.
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Jones v. Bartholomew
150 So. 389
La. Ct. App. 1st Cir. 1933
This testimony, it is claimed, , 78 So.
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Roussel v. Colonial Sugars Co.
147 So. 75
La. Ct. App. 1st Cir. 1933
App. 187, 189 ; , 78 So.
- Goins v. Moore 143 So. 522 La. Ct. App. 1st Cir. 1932
- McPherson v. Hillyer Deutsch-Edwards, Inc. 143 So. 89 La. Ct. App. 1st Cir. 1932
- Woods v. Lake Charles Compress & Warehouse Co. 139 So. 657 La. Ct. App. 1st Cir. 1932
- Wright v. Louisiana Ice & Utilities Co. 138 So. 450 La. Ct. App. 1st Cir. 1931
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Brent v. Union Indemnity Co.
135 So. 735
La. Ct. App. 1st Cir. 1931
It is, of course, well settled, in Louisiana at least, , 78 So.
- Gough v. Urania Lumber Co. 132 So. 393 La. Ct. App. 1st Cir. 1931
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Gibson v. Newport Co.
132 So. 157
La. Ct. App. 1st Cir. 1931
351 , , L. R. A. 1918F, 862, and those that followed it, of the awakening by the injury of a dormant disease in the body, does not apply.
- Brim v. Home Accident Ins. 131 So. 762 La. Ct. App. 1st Cir. 1931
- Sutton v. N. O. Public Service, Inc. 130 So. 859 La. Ct. App. 1st Cir. 1930
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Gordon v. Home Accident Insurance
130 So. 664
La. Ct. App. 1st Cir. 1930
It is admitted that the plaintiff was, at the time of the accident, and had been, for some time prior thereto, afflicted with syphilis and his counsel invoked the principle announced in Behan v. John B Honor Co., Ltd., et al., , 78 So.
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Weller v. Turnerized Roofing Co.
129 So. 443
La. Ct. App. 1st Cir. 1930
l of the physicians agreed the fever which developed in the afternoon following the injury, was the result of the blow, and the evidence establishes that the illness continued until death, and considering this fact with the facts first above stated, the presumption is that the injury caused the illness or aroused the disease resulting in death, and defendant is liable ( ; 78 So.
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Brooks v. Lewis-Chambers Construction Co.
128 So. 321
La. Ct. App. 1st Cir. 1930
In Behan vs. John B. Honor Co., Ltd., et al., , 78 So.
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Patrick v. Grayson & Yeary
127 So. 116
La. Ct. App. 1st Cir. 1930
d incidental to his employment in the course of his employer’s occupation, was already afflicted with a dormant disease that might some day have produced physical disabil *231 ity is no reason why the employee should not be allowed compensation, under the employers’ liability statute, for the injury which, added to the disease, superinduced physical disability.” Behan vs. John B. Honor Co., Ltd., , 78 So.
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Francis v. Swift & Co.
126 So. 699
La. Ct. App. 1st Cir. 1930
Nor is there any support in the record for the theory advanced by plaintiff’s counsel to the effect that the injury to plaintiff’s ankle served to awaken into activity a dormant disease which manifested itself in this case in the form of sciatica, as was the case ■ considered in Behan vs. John B. Honor Co., Ltd., , 78 So.
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Landry v. Phoenix Utility Co.
124 So. 623
La. Ct. App. 1st Cir. 1929
349 , , L. R. A. 1918F, 862.
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Giroir v. Celotex Co.
119 So. 777
La. Ct. App. 5th Cir. 1929
Behan vs. John B. Honor Co., , 78 So.
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Arndt v. D. H. Holmes Co.
119 So. 91
La. Ct. App. 1st Cir. 1928
Ann. 94 ; Behan vs. John B. Honor Co., , 78 So.
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Arender v. Grant Timber & Manufacturing Co.
119 So. 498
La. Ct. App. 1st Cir. 1928
Behan vs. Honor Co., , 78 So.
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Henderson v. Louisiana Power Co.
121 So. 217
La. Ct. App. 1st Cir. 1928
of the physicians agreed the fever which developed in the afternoon following the injury, was the result of the blow, and the evidence establishes that the illness continued until death, and considering this fact with the facts first above stated, the presumption is that the injury caused the illness or aroused the disease resulting in death, and defendant is liable: (Behan vs. John B. Honor Co., , 78 So.
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Johnson v. Forest Lbr. Co.
6 La. App. 530
La. Ct. App. 1st Cir. 1927
We held in that case that the deceased was afflicted with a dormant disease when the injury was inflicted with otherwise might never have developed; that the cells of that dormant disease had been vitalized by that accident and in a short while „ had caused Mr. Broussard’s death, citing in support of our conclusion Behan vs. John Honor, , 78 South.
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Distinguished
Hammons v. Edwards
6 La. App. 752
La. Ct. App. 1st Cir. 1927
present case is distinguishable from Behan vs. Honor Co., , 78 South.
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Broussard v. Union Sulphur Co.
5 La. App. 340
La. Ct. App. 1st Cir. 1927
on on the facts, which show that deceased was afflicted with a dormant disease when the injury was inflicted on him by the accident' of March 5, 1925, which might never have developed; that the cells of this dormant disease were vitalized by this accident and *344 in a short while caused his death for which his widow is entitled to recover under the rule recognized in Behan vs. John B. Honor Co., , 78 South.
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Becton v. Deas Paving Co.
3 La. App. 683
La. Ct. App. 1st Cir. 1926
App. 209 ( 148 S. W. 116 ) as, follows: “Where a man is so afflicted that he will die from such affliction within a very short time, yet if, by some accidental means, his death is caused sooner, it will be a death from ‘accident’, within the meaning of an accident insurance policy.” Behan vs. Honor Co., , 78 South.
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Samuel v. Gulf Lumber Co.
4 La. App. 18
La. Ct. App. 1st Cir. 1925
The cases cited in plaintiff’s brief, Behan vs. John B. Honor Co., , 78 South.
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Wilkinson v. Dubach Mill Co.
2 La. App. 249
La. Ct. App. 1st Cir. 1925
See Behan vs. John B. Honor Co., , 78 South.
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Connell v. United States Sheet & Window Glass Co.
2 La. App. 93
La. Ct. App. 1st Cir. 1925
Thus: “In Behan vs. Honor Co., South.
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Grisham v. Wray-Dickinson Co.
1 La. App. 56
La. Ct. App. 1st Cir. 1924
The Supreme Court of this State, in the case of Behan vs. John B. Honor Co., Ltd., reported in the , 78 South.
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Durrett v. Woods
99 So. 430
La. 1923
The broken leg of the plaintiff was the immediate and proximate cause of the disability; ' , 78 South.
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Donahoe v. Scharfenstein & Son
98 So. 256
La. 1923
Notwithstanding the allegations in the answer, defendants do not seriously contend that the case does not come within the terms of the Compensation Act, but seem to rely, for a reversal of the judgment, upon the following assignment of errors: “(1) The trial judge erred in applying the case of John Behan v.’ John B. Honor Co., Limited, reported in , 78 South.
- Hicks v. Meridian Lumber Co. 94 So. 903 La. 1922
- Johnson v. Vernon Parish Lumber Co. 92 So. 219 La. 1922
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Caldwell v. City of Shreveport
90 So. 763
La. 1922
In Behan v. John *469 B. Honor Co., , 78 South.
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Fox v. United Chemical & Organic Products Co.
86 So. 311
La. 1920
The judge a quo accepted as a controlling precedent the judgment rendered by this court in the case of Behan v. John B. Honor Co., Ltd., , 78 South.
- Hardin v. Higgins Oil & Fuel Co. 85 So. 202 La. 1920