Melton v. Fraering Brokerage Co.

This is an appeal from a judgment in favor of Claude Melton, suing on behalf of his minor daughter, Jean Sunshine Melton, awarding damages under Article 2315, Revised Civil Code, for injuries received by the daughter while employed in the defendant's canning factory at Winnfield, Louisiana. The petition sets forth that the daughter was under eighteen years of age and that there had been no election to come under the Compensation Act, Act No. 20 of 1914, as amended. There was an alternative demand for workmen's compensation.

Defendants met the tort claim with a plea of estoppel alleging that…