Gray v. New Orleans Dry Dock & Shipbuilding Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Action by John A. S. Gray against the New Orleans Dry Dock & Shipbuilding Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtProvosty, J.
Plaintiff sues in damages for injuries received while in the employ of the defendant corhpany, and in the alternative sues under the Workmen’s Compensation Act.
Defendant recognized its liability to plaintiff under said act, and had been paying plaintiff $10 a week for 25 weeks when this suit was filed.
Defendant pleads that plaintiff, having thus agreed to receive payment under said act, and actually received many payments, is estopped from contending that defendant’s liability is not under said act, but for damages as for ordinary tort.
In Summers v. Woodward, Wight & Co., 142 La. 241, 76…
2Cases cited1 opinion
- Summers v. Woodward, Wight & Co.Supreme Court of Louisiana · 1917
3Cited by12 opinions
- Messel v. Foundation Co.Supreme Court of the United States · 1927
- Fegan v. Lykes Bros. S.S. Co.Supreme Court of Louisiana · 1941
- Gerstmayr v. KolbLouisiana Court of Appeal · 1935
- Rhinehart v. T. Smith SonLouisiana Court of Appeal · 1943
- Orleans Dredging Co. v. FrazieMississippi Supreme Court · 1935
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