Colquette v. Louisiana Cent. Lumber Co.

119 So. 714, 11 La. App. 140, 1929 La. App. LEXIS 527
CourtLouisiana Court of Appeal
DecidedJanuary 21, 1929
DocketNo. 3423
StatusPublished
Cited by9 cases

This text of 119 So. 714 (Colquette v. Louisiana Cent. Lumber Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colquette v. Louisiana Cent. Lumber Co., 119 So. 714, 11 La. App. 140, 1929 La. App. LEXIS 527 (La. Ct. App. 1929).

Opinion

REYNOLDS, J.

This is a suit under the Workmen’s Compensation Act (Act No. 20 of 1914, as amended). The plaintiff is the widow of Robert G. Colquette, deceased, and seeks judgment against defendant for $15.47 a week for 300 weeks, beginning November 17, 1927, with legal interest on each installment from its maturity until paid, and for the further sum of $150, as and for burial expenses of the deceased and contingent expenses connected therewith. She alleged:

“That her husband, Robert G. Colquette, while in the employ of and working for the said Lumber Company, at Clarks, in Caldwell parish, Louisiana, for the daily rate of pay of three dollars and forty cents, seven days in the week, at the sawmill being then and there operated by said company, on November 27, 1927, while working in the engine room at night in connection with the operation of said engine, his right foot was caught and injured by the fuel chain therein, being seriously and permanently injured, bruised, and the tissues and bones in his leg so seriously and permanently injured and impaired, that the said injuries caused and brought about his death on February 14, 1928. That on account of said injuries, the deceased was not able to do any work of any character .from the date of his injuries until he died. That, because of said injuries, the bones in his foot and leg and ankle, the nerves, blood vessels, muscles, ligaments and tissues in those parts, became so infected, impaired and diseased [141]*141that his heart, lungs, nerves throughout his body, kidneys and other parts of his body, became infected and seriously impaired, all materially aiding in his death and bringing same about. That his condition and injuries constantly grew worse from the time he was injured until his death. That, at the time of his death, the bones of his leg and foot were seriously and permanently diseased and impaired. That the said injury he received while thus working for said company was the direct cause of his death and produced and brought about any ailments or troubles he may have had when he died.”

She further alleged that she had incurred or assumed expenses amounting to $150 in connection with the death and burial of her husband.

She further alleged that the defendant had paid to the deceased compensation of $13.26 a week from the time of his injury until his death, and that it is entitled to credit for such payments.

The defendant admitted that the deceased was injured while in its employ and that he was earning $3.40 a day, but denied that there was any causal connection between the injury and his death, and averred that his dea,th was due to natural causes.

It further alleged that before his death it had paid the deceased as compensation for eight weeks $123.76, and that after his death it had paid to plaintiff $48.62 as the balance of compensation owing to the deceased at the time of his death.

On these issues the case was tried, and there was judgment in favor of the plaintiff and against the defendant for $6.63 a week for not exceeding 300 weeks, beginning February 14, 1928, with legal interest on each installment from its maturity until paid, less the amount of compensation paid by the defendant to the deceased, and for the further sum of $150 as and for burial expenses of the deceased.

The fees of the medical experts who testified in the case were fixed at $15 each.

From this judgment, the defendant has appealed.

The plaintiff has answered the appeal, and asks that the judgment be amended so as to — •

(1) Fix the fees of the medical experts Sanderson, Rigby, Ragan, Johnson and Corry at $20 each, and tax such fees as part of the costs of suit.

(2) Fix-.the period during which compensation shall be paid at 300 weeks, dating from November 27, 1927, the first payment to be due as of February 14, 1928.

(3) Increase the amount of the weekly payment from $6.63 to $7.73.

OPINION

Plaintiff’s husband was injured on November 27, 1927, and died on February 14, 1928. She contends that the cause of the death was blood poisoning super-induced by the injury. Defendant contends that the cause of the death was pneumonia, and that there was no causal relation between it and the injury. And the question for our determination is whether the death was the result of the injury or due to natural causes.

Dr. S. G. Hines testifies that he treated the injury of the deceased about an hour after it occurred.

“Q. What was the condition of his foot at that time?
“A. There was a slight amount of swelling — not very much at that time. He complained of no pain.
“Q. In what part of his leg was the swelling?
"A. In his right foot and ankle.
“Q. Were there any lesions or broken places in the skin?
“A. No, sir.
[142]*142“Q. What treatment did you prescribe?
“A. Rest of the foot and local applications. Hot compresses and things like that, and anodynes to relieve him.
“Q. When did you see him at any time after that?
“A. I am not sure whether it was the morning following the injury or the second morning following the injury.
“Q. What was the condition at that time?
“A. There was quite a bit of swelling and ecchymosis.
“Q. Did you see him at any time after that, doctor, before his last illness?
“A. Yes, sir. I saw him at the Oasis.
“Q. When was that?
"A. Saturday morning previous to his death.
“Q. Where is the Oasis?
“A. Down town.
“Q. At the post-office, the post-office in the same building?
“A. Yes, sir.
“Q. How far was that from his home, doctor?
“A. About the distance of four blocks.
“Q. Was he walking on crutches or without crutches?
“A. He was sitting down, talking to his brother, when I saw him.
“Q. Did you see any crutches?
“A. I did not see any.
“Q. Did you say anything to him, or him to you, about his foot, that day?
“A. No, sir.
“Q. Did you visit him or prescribe any treatment for him or call for his account, on account of the injuries to his foot, after the first or second day after the injury?
“A. On Monday night, or it was really Tuesday morning, about 3:00 o’clock, before he died.
“Q. You called at 3:00 o’clock and he died at 9:30?
“A. Yes, sir.
“Q. What did you find when you got there?
“A. I found him delirious, trying to get out of bed. He had a temperature of 103; pulse 125.
“Q.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Williams v. Maloney Trucking & Storage, Inc.
124 So. 2d 772 (Louisiana Court of Appeal, 1960)
Hoffman v. City of New Orleans
121 So. 2d 12 (Louisiana Court of Appeal, 1960)
Fourcade v. Ryan Stevedoring Co.
117 So. 2d 587 (Supreme Court of Louisiana, 1960)
Turner v. New Orleans Ice Cream Co., Inc
154 So. 773 (Louisiana Court of Appeal, 1934)
Wright v. Fuller Const. Co.
145 So. 300 (Louisiana Court of Appeal, 1933)
Armstrong v. Lamar Lumber Co.
141 So. 805 (Louisiana Court of Appeal, 1932)
Danzy v. Crowell & Spencer Lbr. Co.
134 So. 267 (Louisiana Court of Appeal, 1931)
Brim v. Home Accident Ins.
131 So. 762 (Louisiana Court of Appeal, 1931)
Weller v. Turnerized Roofing Co.
129 So. 443 (Louisiana Court of Appeal, 1930)

Cite This Page — Counsel Stack

Bluebook (online)
119 So. 714, 11 La. App. 140, 1929 La. App. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colquette-v-louisiana-cent-lumber-co-lactapp-1929.