Melvin A. Dodge v. Vassar A. Anderson

Fifth Circuit

Melvin A. Dodge v. Vassar A. Anderson

255 F.2d 246, 1958 U.S. App. LEXIS 4191

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 21, 1958

Docket17082_1

StatusPublished

Cited by5 cases

This text of 255 F.2d 246 (Melvin A. Dodge v. Vassar A. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Melvin A. Dodge v. Vassar A. Anderson, 255 F.2d 246, 1958 U.S. App. LEXIS 4191 (5th Cir. 1958).

Pincite

Opinion

PER CURIAM.

In the operation of their plantation in Tensas Parish, Louisiana, the appellees used mechanized equipment. The appellant was a mechanic employed by CoitChevrolet Company of St. Joseph, Louisiana. Needing adjustment of the diesel engine of a grader and bulldozer, the appellees requested appellant’s employer to send a man to do the work. The appellant was sent. While working on the equipment the appellant was injured. He sued the appellees claiming his in-’ juries were caused by the negligence of an employee of the appellees and asking' for damages exceeding $100,000. The’ district court, by implication, held that-the repair of their farm equipment was a part of and incidental to the trade, business or occupation of the appellees! and that appellant’s sole remedy was under the Louisiana Compensation Act, and a summary judgment for the appellees was granted and from it an appeal was taken. The precedents are cited in Leslie v. Cities Service Refining Corporation, 5 Cir., 252 F.2d 902, decided March 4, 1958, and need not be here repeated. They sustain the judgment. It is

Affirmed.

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

PER CURIAM.

In the operation of their plantation in Tensas Parish, Louisiana, the appellees used mechanized equipment. The appellant was a mechanic employed by CoitChevrolet Company of St. Joseph, Louisiana. Needing adjustment of the diesel engine of a grader and bulldozer, the appellees requested appellant’s employer to send a man to do the work. The appellant was sent. While working on the equipment the appellant was injured. He sued the appellees claiming his in-’ juries were caused by the negligence of an employee of the appellees and asking' for damages exceeding $100,000. The’ district court, by implication, held that-the repair of their farm equipment was a part of and incidental to the trade, business or occupation of the appellees! and that appellant’s sole remedy was under the Louisiana Compensation Act, and a summary judgment for the appellees was granted and from it an appeal was taken. The precedents are cited in Leslie v. Cities Service Refining Corporation, 5 Cir., 252 F.2d 902, decided March 4, 1958, and need not be here repeated. They sustain the judgment. It is

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

255 F.2d 246, 1958 U.S. App. LEXIS 4191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvin-a-dodge-v-vassar-a-anderson-ca5-1958.

Opinion

Related

Cite This Page — Counsel Stack