Williams v. International Paper Co.

125 So. 596, 12 La. App. 139, 1929 La. App. LEXIS 801
CourtLouisiana Court of Appeal
DecidedDecember 31, 1929
DocketNo. 3721
StatusPublished
Cited by3 cases

This text of 125 So. 596 (Williams v. International Paper 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
Williams v. International Paper Co., 125 So. 596, 12 La. App. 139, 1929 La. App. LEXIS 801 (La. Ct. App. 1929).

Opinion

ODOM, J.

Pete Young was employed by the defendant company as a laborer at its pulp and paper mill in Bastrop, and on the morning of February .19, 1929, was found dead at his post of duty. These plaintiffs, claiming that they were dependent upon deceased for support, bring this suit for compensation under Act No. 20 of 1914 and its amendments, alleging that [140]*140the deceased was accidentally killed in the course of his employment.

The defense is that deceased was not accidentally killed, but that his death was due solely to natural causes. In the alternative, defendant pleads that plaintiffs were not in fact dependent upon deceased for. support.

Plaintiffs’ demands were rejected by the lower court, and they have appealed.

OPINION

Pete Young was a colored man, and employed by defendant to work in its pulp and paper mill. In that portion of the place where he worked, there is what is called the “disc,” which was described by Mr. Ross as a “rectangular tunnel with power driven discs inside.” From the testimony as a whole, we understand that what is referred to as the disc is a tank with inside dimensions approximately 10x5 feet, which, during the operation of the mill, is filled with a liquor containing chemicals used in the process of converting wood into pulp. This tank, or “disc,” as it is called, as well as the liquor which it contains, is heated to a very high degree during the operation of the mill. Due to evaporation, there accumulates in the bottom of the tank a sediment which it i,s necessary to remove at intervals, in order to keep it from clogging the discs. The sediment, or accumulation, can be removed and the disc cleaned only when the mill, or that part of it, is closed down and the disc allowed to cool. It is dark on the inside of the disc, and, in order to see how to do their work, the laborers have to carry with them an electric light attached to an extension cord.

On the morning of February 19th, at about 7:30 o’clock Pete Young and another colored man, named Brown, were ordered to clean the disc. Brown went in first, and, according to his testimony, stayed five minutes, although there is testimony that he stayed longer, and came out. When Brown came out, Pete Young went in and presumably began to work. Brown stayed out for about five minutes and went back, looked into the tank, and found Young sitting on the bottom of it, dead. Young’s body was immediately removed to a sanitarium where physicians and others resorted to artificial means of respiration to restore him, but without avail.

It is plaintiffs’ contention that Young was killed by accident, and i,n support of their contention they advance several theories. One is that death resulted from an electric shock received from the electric light wire or bulb' which Young carried into the tank with him. When Young’s body was found in the tank, the electric light was still burning, and the cord was lying across his right arm or hand, and there was a burn or blister on one, or possibly two, of his fingers. Physicians say, however, that this was not an electric burn, and, as corroborating their theory that it was not such, it was shown that the wire was well insulated, and nowhere exposed, that there had been no short circuit, as evidenced by the fact that the light was burning when the body was found and continued to burn for several hours thereafter; and, further, that, shortly after the body was found, several persons, including a physician, handled the light bulb and pulled the wire through their hands and felt no shock and received no burn. There is no suggestion that the wiring was defective, and, in the absence of any testimony or suggestion- that it was, and in view of the fact that others tested the wire and .the bulb by handling them without ill effects, there is no room for the [141]*141assumption that death was due to an electric shock. There is some testimony, however, that laborers had on other occasions been shocked while working in or about the “disc,” but there is no testimony showing, or tending to show, that, when such shocks were received, the wiring was in perfect condition as it was shown to be in the present case.

Another theory advanced by. plaintiffs is that Young died as a result of becoming overheated. There is some testimony to the effect that the disc was very hot at the time Young went in that morning. The colored man, Brown, who first went in, said it was so hot that he could not remain inside more than five minutes. But his testimony to that effect is discounted, if not overthrown, by that of Ross, Hammons, the foreman, Mr. McDonald, the safety superintendent for the mill, and of others. Mr. Hammons and Mr. McDonald testified that they went into the disc immediately following the death of Young, and Mr. Hammons stated that the place was perfectly cool, and Mr. McDonald stated that, while it was warmer inside the disc than out, yet it was not hot. The testimony shows that the disc became entirely cool and comfortable within eight hours after the mill was shut down. The colored man Brown himself testified that the disc would cool within eight hours. It is shown that the mill was shut down at 10 o’clock on the night before, so that, according to the testimony, the place was not uncomfortably hot at the time Young entered it. Mr. Ross and others testified that the disc would cool sufficiently wi.thin two hours after the furnace was shut off for laborers to work within it, and that, after a shutdown of eight or ten hours, it was perfectly comfortable> Physicians testified that in their opinion death was not caused by overheating, and assigned scientific reasons for their conclusions.

The third and last theory advanced is that there was or may have been within the tank poisonous gases given off ’ by the chemicals in the liquor.

Mr. Nessines and Mr. Ross, both chemists, testified that, while the mill was in operation and the liquor heated to a high temperature, small amounts of both carbon dioxide and carbon monoxide gases were given off, due to evaporation, but that these gases did not remain after the heat was cut off and the tank was opened; that these gases were taken out by the current of air which passed through the disc. They testified, as did a physician, that carbon dioxide gas in as small percentage as that given off during these operations is harmless, but that carbon monoxide is very poisonous. Conceiving that there was a possibility that deceased may have been poisoned by these gases, the three physicians who made a post mortem examination removed the lungs and sent them to a laboratory to be examined. They were examined, and the report as to gas poisoning was negative.

When the body was found, there were no external signs to indicate the cause of death. The body was carried to a clinic operated by Dr. Garnier, who handles and treats patients for the defendant. He and Dr. Jones examined it and could not determine the cause of death, and summoned Dr. Leavel, the coroner. Dr. Leavel says that he considered it his duty as an officer to ascertain the cause of death, and the testimony shows that the three physicians, Dr. Garnier, Dr. Jones, and Dr. Leavel, proceeded with unusual zeal in their efforts towards that end. They removed the heart, the lungs, the stomach, and parts of the brain, and sent the lungs [142]*142to the laboratory for examination, as already stated.

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Bluebook (online)
125 So. 596, 12 La. App. 139, 1929 La. App. LEXIS 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-international-paper-co-lactapp-1929.