Frank Maddox v. Aetna Casualty and Surety Company

CAMERON, Circuit Judge.

The question presented here is whether an action by his next of kin for damages arising from injury to and death of Nathan Maddox can be maintained as a tort action against one not his employer, or whether the exclusive remedy lay under the Louisiana Compensation Act. The trial court held that said Act provided the sole remedy, and granted appellee’s motion to dismiss, treated as a motion for summary judgment. This appeal challenges the correctness of that judgment.

The City of Shreveport, engaged in expanding its facilities for furnishing water to its inhabitants,…