U.S. Court of Appeals for the Fifth Circuit, 1958

Melvin A. Dodge v. Vassar A. Anderson

Melvin A. Dodge v. Vassar A. Anderson
U.S. Court of Appeals for the Fifth Circuit · Decided May 21, 1958 · Rives, Jones, Wisdom
255 F.2d 246; 1958 U.S. App. LEXIS 4191 (Federal Reporter, Second Series)

Melvin A. Dodge v. Vassar A. Anderson

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.

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