Oliphant v. Town of Lake Providence

(dissenting on rehearing) .

The majority opinion on rehearing is based on the erroneous assumption that “The facts of this case bring it within the doctrine of the case of James v. J. S. Williams & Son, 177 La. 1033, 150 So. 9 * * A mere reading of that case will conclusively show, as was demonstrated in our original opinion, that the facts of this case are distinctly different from those in the James case. In that case the scope of the duties of the employee Rhodes was limited to driving a funeral car and it was "after the day’s work was done” that he took the funeral car, at the request of a…