Supreme Court of Louisiana, 1980

Franklin v. Haughton Timber Co.

Franklin v. Haughton Timber Co.
Supreme Court of Louisiana · Decided February 15, 1980 · Dennis
380 So. 2d 624; 1980 La. LEXIS 6750 (Southern Reporter, Second Series)

Franklin v. Haughton Timber Co.

Dissenting Opinion

DENNIS, J.,

would grant. The statute prohibiting employment of a minor in connection with power-driven machinery imposes civil liability on the principal employer for the minor’s death. Cf. Boyer v. Johnson, 360 So.2d 1164 (La. 1978). This cause of action is independent of any right granted or preempted by the workmen’s compensation act, La.R.S. 23:1031 et seq., because the “act” which caused the damage was the unlawful hiring of the minor, which preceded the employment in the course of which he was injured. La.C.C. Arts. 2315, 2320.

Opinion of the Court

In re Jewel Ray Franklin, et ux., applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of DeSoto. 377 So.2d 400.

Writ denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.