CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Donate Now. Sign In Register. Filed: December 15th, Precedential Status: Precedential. Kell And Company So.

Docket Number: Home Indemnity Insurance Company Joe Busbey Hamiter. Plaintiff, Alex Baxter McMorris, instituted this suit to recover workmen's compensation for an injury received in an accident while working as a carpenter in the construction of a house for his son, Vernon D. McMorris hereinafter referred to as the employer. Cited as defendant was the Home Indemnity Insurance Company which issued a policy in favor of the employer for workmen's compensation and general liability insurance.

Neither the insurer nor the employer had agreed with plaintiff that the workmen's compensation statute would govern the Home Indemnity Insurance Company. The district court dismissed the suit. However, the Court of Appeal of the First Circuit, with one member dissenting, reversed the judgment and awarded compensation as for total and permanent disability.

See La. We granted a writ of certiorari or review on the defendant's application. The material facts of Cosmetic Company Outlet Orlando cause are largely undisputed. At the time of the accident, and for several years prior thereto, the employer held a full time position with the Farmers Home Administration which required in connection with the granting of loans by that agency his approval of plans and cost estimates for the construction of farmers' dwellings, dairy barns and sheds and also his making periodic inspections of such structures.

During this undertaking plaintiff, who had been employed along with others to assist the employer, received the injury for which compensation is here sought. The building of the house by the employer was entirely a personal venture; it was in no way connected with his regular work for and with the above mentioned governmental agency.

It is the contention of plaintiff that when the employer was acting as carpenter, architect and contractor in the construction of his home, employing seven to nine other carpenters to assist him Home Indemnity Insurance Company devoting his entire time to the construction during a period of nine to ten weeks, he was engaged in a trade, business or occupation within the meaning of the compensation statute, even though he was then regularly employed by the Farmers Home Administration.

We do not agree. Decisive here, we think, is our holding in the landmark case of Shipp v. Bordelon, La. Therein, the plaintiff was injured while employed by the defendant, a physician by profession, in making repairs on a house owned by the latter.

Holding that the repair work being done was not incident to or in the course of the employer's trade, business or occupation, and denying workmen's compensation to the plaintiff, this court said:. The Shipp decision was cited with approval in Fields v. General Casualty Company of America, La. Home Indemnity Insurance Company, it has been followed in numerous cases decided by the Courts of Appeal, including Gerstmayr v.

Kolb, La. Langlois, So. Energy Drink Company Names Building and Homestead Association, La. It is true that we held in Meyers v. But it is to be noted that in so holding we recognized that applicable there was the important economic principle upon which workmen's compensation laws rest, namely, the shifting of the burden of accidental injuries incident to employment from the injured employee on to the public through the employer.

See Puchner v. Employers' Liability Assurance Corporation, La. Page, La. Certainly the same principle has no application here inasmuch as the one and only house ever constructed by the employer was for his personal use.

Counsel for plaintiff have cited numerous decisions Anti Fraud Policy Insurance Company other jurisdictions. However, they afford no aid in the determination of this litigation, because the verbiage of the statutes involved therein is different from that contained in the enactment under consideration.

Apparently this is recognized by counsel for, in a supplemental brief, they say: "It is difficult to cite cases from other jurisdictions on the point here at issue inasmuch as the statutes of such other states use different approaches and are, of course, couched in different words. It is not contended by this plaintiff that the defendant's issuance of a policy of compensation insurance to the employer constituted an admission of liability under the statute.

Nor could he successfully so contend, for the settled jurisprudence is to the contrary. See Benjamin v. For the reasons Union Pacific Railroad Company the judgment of the Court of Appeal is reversed and set aside and that of the district court, which dismissed plaintiff's suit, is reinstated and made the judgment of this court.

Plaintiff shall pay all costs. Your Notes edit none. Cited By This case has not yet been cited in our system. Authorities 8 This opinion cites: Speed v. Page, 62 So. Sun Indemnity Co. General Casualty Co. SW Reg. Ass'n of Seventh Day Adv. Kolb, So. Please support our work with a donation.

Supreme Court of Louisiana. December 15, Rehearing Denied January 12, Holding that the repair work being done was not incident to or in the course of the employer's trade, business or occupation, and denying workmen's compensation to the plaintiff, this court said: "The Employers' Liability Law of this Home Indemnity Insurance Company does not purport to make all employers of labor liable for compensation, but plainly and distinctly limits its operation to certain specified trades, businesses, and occupations, which in their very nature are hazardous, as well as others not mentioned, which may, under certain conditions, be found to be hazardous, and to cases where the parties by mutual consent agree to come under its provisions.

But, to become liable for compensation, he must be actually so engaged, as a trade, etc. TATE, J. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements.

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