Marcotte v. Ocean Accident & Guaranty Corp.

FRUGÉ, Judge.

This is an appeal by plaintiff from a ruling of the district court sustaining defendant’s exception of no cause of action.

Plaintiff-appellant, Russell Marcotte, was employed by the Avoyelles Parish Police Jury as a custodian and janitor of the Avoyelles Parish Court House. While so employed, on October 19, 1964, plaintiff attempted, in the performance of his duties, to light the boiler for the express purpose of heating the Court House. He was unsuccessful in this endeavor due to the fact that the boiler exploded, severely injuring him.

Workmen’s compensation benefits were paid…