Cited by
Opinions in Louisiana that cite Byas v. Hotel Bentley, Inc., 103 So. 303.
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Benoit v. Capitol Mfg. Co.
617 So. 2d 477
La. 1993
248 (1924), and Byas v. Hotel Bentley, Inc., , 103 So.
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Mundy v. Dept. of Health & Human Resources
580 So. 2d 493
La. Ct. App. 4th Cir. 1991
296 ; Byas v. Hotel Bentley, Inc. , 103 So.
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Robbins v. Caraway-Rhodes Veterinary Hospital
315 So. 2d 688
La. 1975
1075 , (1958); Byas v. Hotel Bentley, Inc., , 103 So.
- Jackson v. Lajaunie 270 So. 2d 859 La. 1972
- Bolton v. Great Atlantic & Pacific Tea Co. 245 So. 2d 452 La. Ct. App. 1st Cir. 1971
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Gorings v. Edwards
222 So. 2d 530
La. Ct. App. 4th Cir. 1969
Plaintiff relies on the Kern rule and the cases following that rule particularly Byas v. Hotel Bentley, Inc., , 103 So.
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Stephney v. Robertson
219 So. 2d 9
La. Ct. App. 4th Cir. 1969
Byas v. Hotel Bentley, Inc., , 103 So.
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Pinchera v. Great Atlantic & Pacific Tea Co.
206 So. 2d 793
La. Ct. App. 1st Cir. 1968
The rule was first announced in Byas v. Hotel Bentley, Inc., , 103 So.
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Mella v. Continental Emsco
189 So. 2d 716
La. Ct. App. 1st Cir. 1966
Such a conclusion, in our judgment, would contravene the liberal rule of construction which must be accorded the workmen compensation laws of this state as held in Byas v. Hotel Bentley, Inc., , 103 So.
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Richard v. United States Fidelity & Guaranty Co.
175 So. 2d 277
La. 1965
Byas v. Hotel Bentley, Inc., , 103 So.
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Richard v. United States Fidelity & Guaranty Co.
175 So. 2d 277
La. 1965
Byas v. Hotel Bentley, Inc., , 103 So.
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Mercer v. Sears, Roebuck & Co.
156 So. 2d 606
La. 1963
McCALEB, J., is of the opinion that a writ should be granted as a , 103 So.
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Kramer v. Etie
155 So. 2d 478
La. Ct. App. 1st Cir. 1963
hazardous features of a business, not hazardous in itself, before recovery is allowed for an injury sustained while performing work of a non-hazardous nature, Professor Malone in his Treatise, “Louisiana Workmen’s Compensation, Law and Practice,” *483 at Section 101, page 25 (pocket part), states: “The unwillingness of the Louisiana courts to apply the doctrine of Byas v. [Hotel] Bentley [Inc.] [ , 103 So.
- Mercer v. Sears, Roebuck & Co. 155 So. 2d 112 La. Ct. App. 1st Cir. 1963
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Leleau v. Jacomine
144 So. 2d 921
La. Ct. App. 1st Cir. 1962
1075 , (1958), and Byas v. *924 Hotel Bentley, , 103 So.
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Toye v. Browne-McHardy Clinic
131 So. 2d 413
La. Ct. App. 1st Cir. 1961
23 :- 1035 which makes hazardous per se trades, businesses and occupations engaged in “the operation, construction, repairs, removal,, maintenance and demolition of * * *, power laundries, * * * ” , 103 So.
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Boggs v. Great Atlantic & Pacific Tea Company
125 So. 2d 419
La. Ct. App. 3d Cir. 1960
"The unwillingness of the Louisiana courts to apply the doctrine of Byas v. Bentley [ , 103 So.
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Richmond v. Weiss & Goldring, Inc.
124 So. 2d 601
La. Ct. App. 3d Cir. 1960
Byas v. Hotel Bentley, Inc., , ; Talbot v. Trinity Universal Ins.
- Costanzo v. Southern Farm Bureau Casualty Ins. Co. 124 So. 2d 621 La. Ct. App. 3d Cir. 1960
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Allen v. Travelers Insurance Co.
124 So. 2d 367
La. Ct. App. 1st Cir. 1960
In addition, there is that line of decisions (commencing with Byas v. Hotel Bentley, Inc., , 103 So.
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Viator v. New Hotel Monteleone, Inc.
102 So. 2d 461
La. 1958
* * * ” See also Byas v. Hotel Bentley, Inc., , 103 So.
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Pixley v. Employers' Mutual Liability Insurance
102 So. 2d 113
La. Ct. App. 1st Cir. 1958
This legal principle is sometimes known as the Byas doctrine, taking its name from Byas v. Hotel Bentley, Inc., 1924, , 103 So.
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Fontenot v. Fontenot
100 So. 2d 477
La. 1958
Byas v. Hotel Bentley, Inc., , 103 So.
- Talbot v. Trinity Universal Insurance Company 99 So. 2d 811 La. Ct. App. 1st Cir. 1957
- Guillory v. Coal Operators Casualty Company 95 So. 2d 201 La. Ct. App. 1st Cir. 1957
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Viator v. New Hotel Monteleone, Inc.
92 So. 2d 730
La. Ct. App. 1st Cir. 1957
Plaintiff’s counsel relies heavily on Byas v. Hotel Bentley, Inc., , 103 So.
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Landry v. Gilger Drilling Company
92 So. 2d 482
La. Ct. App. 1st Cir. 1957
The District Court therefore properly absolved Landry of aggression in the second incident and allowed him recovery, Byas v. Hotel Bentley, Inc., , 103 So.
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Fontenot v. Myers
93 So. 2d 245
La. Ct. App. 1st Cir. 1957
660 , "It is well settled in this State that where an employee is engaged in both hazardous and nonhazardous work in the same employment, his injury is compensable though it may occur in the performance of a , 103 So.
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Freeman v. Clark
88 So. 2d 419
La. Ct. App. 1st Cir. 1956
Byas v. Hotel Bentley, Inc., , 103 So.
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Hammer v. Lazarone
87 So. 2d 765
La. Ct. App. 1st Cir. 1956
Byas v. Hotel Bentley, Inc., , 103 So.
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Coleman v. Sears, Roebuck & Company
83 So. 2d 469
La. Ct. App. 2d Cir. 1955
Byas v. Hotel Bentley, Inc., , 103 So.
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Brown v. Remington Rand, Inc.
81 So. 2d 121
La. Ct. App. 1st Cir. 1955
le effort to remove the instant case from the application of the holding in Gray v. Tre-mont Lumber Co., supra, another well established general principle to the effect that an employee is entitled to recover compensation if he is engaged in employment with reference to, in connection with, incident to, or in promotion of his employer’s trade, business or occupation, , 103 So.
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Meyers v. Southwest Region Conference Ass'n of Seventh Day Adventists
79 So. 2d 595
La. Ct. App. 1st Cir. 1955
If the interpretation of the Workmen’s Compensation Act can be extended beyond the extremely liberal interpretation given to it in the case of Byas v. Hotel Bentley, supra [ , 103 So.
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Green v. Heard Motor Co.
71 So. 2d 849
La. 1954
135 ; Byas v. Hotel Bentley, Inc., , 103 So.
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Harrington v. Franklin's Stores Corp. of New Iberia
55 So. 2d 647
La. Ct. App. 1st Cir. 1951
The problem of a , 103 So.
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Griffin v. Catherine Sugar Co.
54 So. 2d 121
La. 1951
And, since the decision of this court in Byas v. Hotel Bentley, Inc., , 103 So.
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Robin v. Brandin
45 So. 2d 423
La. Ct. App. 1st Cir. 1950
Byas v. Hotel Bentley, Inc., , 103 So.
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Reagor v. First Nat. Life Ins. Co.
33 So. 2d 521
La. 1948
Byas v. Hotel Bentley, Inc., , 103 So.
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Gonsoulin v. Southern Amusement Co.
32 So. 2d 94
La. Ct. App. 1st Cir. 1947
Byas v. Hotel Bentley, Inc., , 103 So.
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Richardson v. American Employers' Ins. Co.
31 So. 2d 527
La. Ct. App. 1st Cir. 1947
Byas v. Hotel Bentley, Inc., , 103 So.
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Reagor v. First Nat. Life Ins. Co.
28 So. 2d 527
La. Ct. App. 1st Cir. 1946
on that in cases where the business of the employer is not named in the act as being hazardous, and where ordinarily it could not be classified as hazardous per se, that then it is necessary to allege facts from which the conclusion may be fairly drawn, that it is in fact hazardous, and that the employee had some duties that were hazardous, though as said in Byas v. Hotel Bentley, Inc., *Page 531 , 103 So.
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Gross v. Great Atlantic Pacific Tea Co.
25 So. 2d 837
La. Ct. App. 1st Cir. 1946
Byas v. Hotel Bentley, Inc., 1924, , 103 So.
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Storm v. Johnson
23 So. 2d 639
La. Ct. App. 1st Cir. 1945
It suffices to say that, since the decision in the leading case of Byas v. Hotel Bentley, Inc., , 103 So.
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Brown v. Toler
19 So. 2d 680
La. Ct. App. 1st Cir. 1944
656 , a tendency to modify somewhat the holding in the case of Byas v. Hotel Bentley, Inc., , 103 So.
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Collins v. Spielman
8 So. 2d 608
La. 1942
Byas v. Hotel Bentley, Inc., , 103 So.
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Stephens v. Catalano
7 So. 2d 380
La. Ct. App. 1st Cir. 1942
The case of Byas v. Hotel Bentley, Inc., , 103 So.
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Franz v. Sun Indemnity Co. of New York
7 So. 2d 636
La. Ct. App. 1st Cir. 1942
Nor can we understand how, in view of the holding in the Byas case [Byas v. Hotel Bentley, Inc., , 103 So.
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Collins v. Spielman
8 So. 2d 606
La. Ct. App. 1st Cir. 1941
48 , and Byas v. Hotel Bentley, Inc., , 103 So.
- Scott v. Dalton Co. 1 So. 2d 412 La. Ct. App. 1st Cir. 1941
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Williams v. Westdale Corporation
3 So. 2d 684
La. Ct. App. 1st Cir. 1941
To sustain the first ground, he relies upon Byas v. Hotel Bentley, Inc., , 103 So.