Ferguson v. Cady-McFarland Gravel Co.

Louisiana Court of Appeal

Ferguson v. Cady-McFarland Gravel Co.

1 La. App. 40, 1924 La. App. LEXIS 27

CourtLouisiana Court of Appeal

DecidedOctober 17, 1924

DocketNo. 2082

StatusPublished

This text of 1 La. App. 40 (Ferguson v. Cady-McFarland Gravel 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

Ferguson v. Cady-McFarland Gravel Co., 1 La. App. 40, 1924 La. App. LEXIS 27 (La. Ct. App. 1924).

Pincite

Opinion

PORTER, J.

The plaintiff’s husband was killed by a fellow employee while working for the defendant company in building or repairing a railroad or switch track owned by the company, and his widow brought suit under the Employers’ Liability Act for compensation' for herself and minor children.

The defendant company filed an exception, setting up that the.petition failed to [41]*41disclose a cause of action. This exception was sustained, and plaintiff appealed to this court.

As the point involved was an important and novel one, we certified the question to the Supreme Court, and that tribunal answered that, the petition did disclose a cause of action.

The opinion of the Court has not yet been published, but Will be, we presume, in Ferguson vs. Cady-McFarland Gravel Co., 156 La. 871, 101 South. 248.

It is therefore ordered and decreed thát the judgment appealed from be reversed and set aside; that the exception of no. cause of action be over-ruled, and that .this case be remanded to- the District Court for trial, according to law. The cost of this appeal is taxed against the defendant company.

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