Legal Opinion

Massey v. W. R. Pickering Lumber Co.

Supreme Court of Louisiana

Decided February 8, 1915No. 20043PublishedCited by 11 opinions

Appeal from Twelfth Judicial District Court, Parish of Vernon; James R. Monk, Judge ad hoc. Action by Petty Poole Massey and wife against the W. R. Pickering Lumber Company. Prom judgment for defendant, plaintiffs appeal.

1Opinion of the CourtLand, J.

This is the second suit instituted by the plaintiffs for damages for the death of their son, who was killed while working in one of the mills of defendant.

The first suit was dismissed on a plea of compromise settlement, as in case of non-suit. The plaintiffs in said suit did not assail said settlement on the ground of fraud, error, or mistake, and did not offer to return the money received by them. The object of the nonsuit was to enable the plaintiffs to sue to rescind the compromise.

In the present action the plaintiffs assail the act of compromise on the ground that plaintiff P. P. Massey…

2Cases cited1 opinion

  1. Antoine v. SmithSupreme Court of Louisiana · 1888

3Cited by11 opinions

  1. Beck v. Continental Casualty Co.Louisiana Court of Appeal · 1933
  2. Chapin v. Federal Transportation Co.Louisiana Court of Appeal · 1953
  3. Sellwood v. PhillipsSupreme Court of Louisiana · 1936
  4. Benson v. Metropolitan Cas. Ins. Co. of New YorkLouisiana Court of Appeal · 1955
  5. Davis v. WhatleyLouisiana Court of Appeal · 1937

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