Philps v. Guy Drilling Co.
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; R. D. Webb, Judge. Action by Mrs. Margaret J. Philps against the Guy Drilling Company for damages for tort, or in the alternative for compensation, under the Employers’ Liability Act, for the death of her son.
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Appeal from First Judicial District Court, Parish of Caddo; R. D. Webb, Judge. Action by Mrs. Margaret J. Philps against the Guy Drilling Company for damages for tort, or in the alternative for compensation, under the Employers’ Liability Act, for the death of her son. Exceptions of no cause of action filed against original and supplemental petition overruled, demand for damages rejected, and judgment of nonsuit on the alternative demand for compensation, and plaintiff appeals.
1Opinion of the CourtO’Niell, J.
This is an action for damages under article 2315 of the Civil Code, and, in the alternative, a demand for compensation, under the Employers’ Liability Act, for the death of the plaintiff’s son.
The suit for damages is based upon alie*953gations of negligence on the part of the defendant, employer, and upon the plea that the Employers’ Liability Act (Act No. 20 of 1014) is unconstitutional in so far as it purports to deprive an employs, or his dependents, of any other right or remedy than the statute affords. It is contended that that object or purpose of the law is not expressed in its title, as…
2Cases cited3 opinions
- Boyer v. Crescent Paper Box Factory, Inc.Supreme Court of Louisiana · 1917
- Woodruff v. Producers' Oil Co.Supreme Court of Louisiana · 1917
- Whittington v. Louisiana Sawmill Co.Supreme Court of Louisiana · 1917
3Cited by37 opinions
- Atchison v. MaySupreme Court of Louisiana · 1942
- Colorado v. Johnson Iron Works, Ltd.Supreme Court of Louisiana · 1919
- Spanja v. Thibodaux Boiler WorksLouisiana Court of Appeal · 1941
- McKane v. New Amsterdam Casualty Co.Louisiana Court of Appeal · 1940
- Labourdette v. Doullut & Williams Shipbuilding Co.Supreme Court of Louisiana · 1924
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