Melvin A. Dodge v. Vassar A. Anderson

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.