Benjamin v. Standard Acc. Ins.
Supreme Court of Louisiana
Certiorari to Court of Appeal, Parish of Orleans. Suit under the Workman’s Compensation Act " by Mary Benjamin, widow of Levi Browder, against the Standard Accident Insurance Company of Detroit for compensation for injuries. Judgment was rendered for plaintiff in the trial court, but for defendant on appeal to the Court of Appeal, and plaintiff applies for certiorari or writ of review.
1Opinion of the CourtProvo Sty, C. J.
This suit is under the Workman’s Compensation Act (Act No. 20 of 1914) for an injury received in the course of cigar making by hqnd — an occupation admitted not to be dangerous.
[1] Relief is extended by said act only for injuries received in the course of dangerous employments. However, by paragraph 4 of section 1 of the act the employer and employee may agree that the employment shall come under the act -though not dangerous. But such agreement is required to be in writing; and there was no agreement of any kind in this case, unless, as counsel contend, one resulting by implication.
Implicatio…
2Cases cited4 opinions
- Mossy v. MeadSupreme Court of Louisiana · 1831
- Smith v. SmithSupreme Court of Louisiana · 1898
- Heirs of Duverge v. SalterSupreme Court of Louisiana · 1851
- Marmiche v. RoumieuSupreme Court of Louisiana · 1856
3Cited by22 opinions
- Hogue v. WurdackMissouri Court of Appeals · 1957
- Kline v. DawsonSupreme Court of Louisiana · 1956
- Fields v. General Casualty Co. of AmericaSupreme Court of Louisiana · 1950
- Smith v. Crossett Lumber Co.Louisiana Court of Appeal · 1954
- Franz v. Sun Indemnity Co. of New YorkLouisiana Court of Appeal · 1942
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