Legal Opinion

National Surety Corporation and Bituminous Casualty Corporation v. Jewell Bonds, Widow of Willie Jolliff, Etc.

Court of Appeals for the Fifth Circuit

Decided April 8, 1960No. 17767_1PublishedCited by 4 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

In this action a widow and four children were awarded death benefits under the Louisiana Workmen’s Compensation Law. LSA-R.S. of 1950, 23:1021 et seq. We reverse the judgment on the ground that the decedent’s accident was not one “arising out of and in the course of his employment”, as required by the Act. LSA-R.S. of 1950, 23:1031.

Willie Jolliff, the plaintiff’s husband, cut timber for Clifford Ellard, doing business as Ellard Pulpwood Company. Ellard had a contract to cut and haul timber on land near Covington, Louisiana, for T. L. James & Co., a company engaged in…

2Cases cited23 opinions

  1. O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
  2. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  3. Wagner v. International Railway Co.New York Court of Appeals · 1921
  4. Kern v. Southport Mill, Ltd.Supreme Court of Louisiana · 1932
  5. Myers v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1917

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3Cited by4 opinions

  1. United States of America and Jeanette E. Gondeck, Intervenor v. Pan American World Airways Incorporated and the Travelers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
  2. Bailey v. PattersonDistrict Court, S.D. Mississippi · 1961
  3. NEVEDA INDUSTRIAL COMMISSION v. DixonNevada Supreme Court · 1961
  4. Bailey v. PattersonDistrict Court, S.D. Mississippi · 1961

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