No. 443 Precedential Processed

Boudreaux v. Myles Salt Co.

Louisiana Court of Appeal, First Circuit · Filed October 10, 1929 · 123 So. 907

Also decided on this docket: La., July 15, 1874 26 La. Ann. 685; La. Ct. App. 3d Cir., February 7, 1962 138 So. 2d 114

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Opinion text

MOUTON, J. Wiley Boudreaux, then aged 24, an employee of defendant company at Weeks Island, Iberia Parish, was killed by accident, July 6, 1927, while performing services in the course of his employment. This suit is brought for compensation for his death by John Boudreaux and Marguerite Boudreaux, his surviving parents. His daily wage was $3.75, or $22.50 per week. The demand is for 65 per cent, of the weekly wages, that is, for $14.62 per week, for a period of 300 weeks. Judgment was rendered against the defendant company for 65 per cent, of $14 for 300 weeks from which it prosecutes this appeal. The defendant filed an exception of no cause of action. It is urged in this court but only on the contention that under Act 85 of 1926, which it is contended governed the claim herein made, there was no provision fixing the compensation for dependents when the employee’s injury resulted in death. This court had held that there was a hiatus in that statute in that respect, but the Supreme Court has held otherwise in the case of Bass et al. vs. Weber-King Mfg. Co., 123 So. 112 . Hence, the exception, which has been renewed in this court, is overruled.