Matthews v. Otis Mfg. Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George II. Théard, Judge. Action by Polar Matthews against the Otis Manufacturing Company. Exception of no cause of action sustained, and plaintiff appeals.
1Opinion of the CourtMonroe, C. J.
Plaintiff has appealed from a judgment sustaining an exception of no cause of action and dismissing his suit. 1-Ie alleges:
That he was employed by defendant as a mill hand, and that he worked under pClem Barthe, who was the foreman, with authority to discharge those working under him; that Barthe, acting as the agent and servant of defendant, within the scope of his authority and in the course of his employment, ordered him to do some dangerous work, which plaintiff refused to do unless the appliances were made safe; “that thereupon said Clem Barthe, without just cause, immediately discharged…
2Cases cited2 opinions
- Williams v. Pullman Palace Car Co.Supreme Court of Louisiana · 1888
- Gann v. Great Southern Lumber Co.Supreme Court of Louisiana · 1912
3Cited by12 opinions
- LeBrane v. LewisSupreme Court of Louisiana · 1974
- Thomas J. Sims, Cross-Appellant v. Jefferson Downs Racing Association, Inc., Cross- Stewards B.B. Rayburn and Claude Mauberret, Jr., CrossCourt of Appeals for the Fifth Circuit · 1985
- Godchaux v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1919
- Vallier v. Aetna Finance CompanyLouisiana Court of Appeal · 1963
- Bearman v. Southern Bell Telephone & Telegraph Co.Louisiana Court of Appeal · 1931
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