Cited by
Opinions in Louisiana that cite Nesmith v. Reich Bros., 14 So. 2d 767.
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Malancon v. Ace Transportation, LLC
153 So. 3d 471
La. Ct. App. 1st Cir. 2014
1st Cir.11/9/95), ( , (1943)), “if the furnishing of equipment with which the work is done forms a considerable portion of the service for which the employee is paid, the rental value of the equipment should be deducted from the total amount paid in order to compute the *475 employee’s weekly wages.” 5 In Fontenot
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Ravy v. Bridge Terminal Transport
883 So. 2d 1139
La. Ct. App. 4th Cir. 2004
(1943); France v. A & M Wood Co., (La.App.
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Covington v. Ace Transportation, Inc.
830 So. 2d 495
La. Ct. App. 2d Cir. 2002
Nesmith v. Reich ┴4Bros., , (1943); (La.App.
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Zanders v. Golden Age Home Care Center
705 So. 2d 296
La. Ct. App. 1st Cir. 1997
The Louisiana Supreme Court, , (1943) recognized that if the furnishing of equipment with which the work is done forms a considerable portion of the service for which the employee is paid, the rental value of the equipment should be deducted from the total amount paid in order to compute the employee's weekly wages.
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Fontenot v. Trans Gulf, Inc.
664 So. 2d 1238
La. Ct. App. 1st Cir. 1995
The Louisiana Supreme Court, , (1943), recognized that if the furnishing of equipment with which the work is done forms a considerable portion of the service for which the employee is paid, the rental value of the equipment should be deducted from the total amount paid in order to compute the employee's weekly wages.
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Edwards v. Delta Timber Co.
647 So. 2d 548
La. Ct. App. 3d Cir. 1994
(1943); France v. A & M Wood Co., (La.App.
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Gorings v. Edwards
222 So. 2d 530
La. Ct. App. 4th Cir. 1969
See also Nesmith vs. Reich Bros., (1943), Walker vs. Lykes Bros.-Ripley SS Co., 166 So.
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Rogers v. Aetna Casualty and Surety Company
173 So. 2d 231
La. Ct. App. 3d Cir. 1965
280 , ; , ; Mabry v. Fidelity & Casualty Company of New York et al., La.App.
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Thompson v. Cloud
166 So. 2d 28
La. Ct. App. 1st Cir. 1964
and, Malone, Louisiana Workmen’s Compensation Law (1951 ed.), Section 327.
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Raney v. McDaniel
165 So. 2d 593
La. Ct. App. 1st Cir. 1964
720 , ; , ; Laine v. Junca, 207 La.
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Gathright v. Liberty Mutual Insurance Co.
157 So. 2d 242
La. Ct. App. 1st Cir. 1963
754 ; , ; Snear v. Eiserloh, La.App.Orl., 144 So.
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Mabry v. Fidelity and Casualty Co. of New York
155 So. 2d 44
La. Ct. App. 2d Cir. 1963
720 , ; , ; Laine v. Junca, 207 La.
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Hay v. Travelers Insurance Company
106 So. 2d 791
La. Ct. App. 2d Cir. 1958
280 , ; Harvey v. Caddo De Soto Cotton Oil Co., supra; , ; Babineaux v. Giblin, La.App., .
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Webb v. Crosby Lumber & Manufacturing Co.
105 So. 2d 290
La. Ct. App. 1st Cir. 1958
ount of compensation, we do not think it possible to accept as a criterion the amount which the plaintiff had earned with the use of his truck, but the evidence shows that the earnings or wages of a driver of a truck was from $2.50 to $3.00 per day, and the trial court accepted the latter as the basis of its judgment.” This case was cited with approval in the case of Nesmith v. Reich Bros., 1943, , .
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Welch v. Newport Industries
86 So. 2d 704
La. Ct. App. 1st Cir. 1956
23:1021(6), held that one who furnished manual labor to another was not deprived of the protection of the Act because he also furnished equipment, supplies, supervisory services, etc., , ; Allgood v. Loeb, La.App., , and cases therein cited.
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Jinks v. Burton Sutton Oil Co.
44 So. 2d 343
La. Ct. App. 1st Cir. 1950
48 ; Nesmith v. Reich Bros. et al., La.App., ; , ; and Pitre v. Louisiana Highway Commission, La.App., 161 So.
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Warren v. Globe Indemnity Co.
46 So. 2d 66
La. 1950
720 , ; , and Laine v. Junca, 207 La.
- Hanchey v. Consolidated Underwriters 43 So. 2d 487 La. Ct. App. 1st Cir. 1949
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St. Alexandre v. Texas Co.
28 So. 2d 385
La. Ct. App. 1st Cir. 1946
For instance, , , 772, the Supreme Court held that there could be recovery in compensation because the employee was at the place at which the accident occurred "* * * for no other purpose than to serve his employer, * * *".
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Allgood v. Loeb
27 So. 2d 380
La. 1946
is not in point because an entirely different statement of facts were involved.
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Allgood v. Loeb
22 So. 2d 568
La. Ct. App. 1st Cir. 1945
769, the Supreme Court had before it for consideration the question of whether a man employed to haul limestone in his trucks for the defendant, for which he was paid 70¢ per cubic yard, where he furnished his own truck and bought his own gas and oil, was an independent contractor or an employee.
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Murphy v. Tremont Lumber Co.
22 So. 2d 79
La. Ct. App. 1st Cir. 1945
87 ; Nesmith v. Reich Bros., et al., , ; Litton v. Natchitoches Oil Mill, Inc. et al., La.
- Laine v. Junca 21 So. 2d 150 La. 1945
- Buettner v. Polar Bar Ice Cream Co. 17 So. 2d 486 La. Ct. App. 1st Cir. 1944
- Ridgdell v. Tangipahoa Parish School Board 17 So. 2d 55 La. Ct. App. 1st Cir. 1944