Legal Opinion · Dissent

Kline v. Dawson

Louisiana Court of Appeal

Decided November 22, 1955No. 4103Published

1Dissent

TATE, Judge.. I respectfully dissent. In my opinion, as a matter of law, the “go between” who hired plaintiff’s employer to haul logs to the Dawson Lumber Company was legally an agent thereof. .

In my opinion, the majority has correctly found that there was no'employer-employee relationship existing between the C. W. Dawson Lumber Company, and plain*79tiff’s immediate employer (his brother, Joseph Kline, hereinafter called “Joseph”). But the majority has overlooked the liability of the C. W. Dawson Lumber Company, as principal, to injured employees of independent contractors executing the…

2Cases cited3 opinions

  1. Seabury v. Arkansas Natural Gas CorporationSupreme Court of Louisiana · 1930
  2. Smith v. Crossett Lumber Co.Louisiana Court of Appeal · 1954
  3. Whitman v. Central Surety Insurance CorporationLouisiana Court of Appeal · 1949

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