LITTLE v. EL DORADO CREOSOTING COMPANY, 71 So.2d 622 (1954)

Mrs. Artie LITTLE, Administratrix of the Succession of Bunyan Little, Deceased, and guardian of the minors, Patsy Ann Little, J. B. Little and Dodd Little, plaintiffs, appellees and appellants v. EL DORADO CREOSOTING COMPANY, defendant-appellant and Coal Operators Casualty Company, defendant-appellee.

No. 8123.Court of Appeal of Louisiana, Second Circuit.
March 24, 1954. Rehearing Denied April 22, 1954. Writ of Certiorari Granted May 31, 1954.

Appeal from Second Judicial District Court, Parish of Claiborne; H. W. Ayres, Judge.

Booth, Lockard, Jack Pleasant, Shreveport, for El Dorado Creosoting Co.

Gravel Downs, Alexandria, for Coal Operators Cas. Co.

Spencer Spencer, El Dorado, Ark., Jackson Reynolds, Homer, for Mrs. Artie Little and others.

GLADNEY, Judge.

The issues of both fact and law presented in this case are not different from those presented in Johnson v. El Dorado Creosoting Company and Coal Operators Casualty Company, La. App., 71 So.2d 613. Our findings therein are decisive in the instant case.

The judgment from which appealed is reversed and set aside insofar as it overruled the exception to the jurisdiction ratione personae filed by the El Dorado Creosoting Company, Inc., and it is ordered that said exception be sustained as to the above named defendant, and plaintiff’s suit be and is hereby dismissed as of non-suit at plaintiff’s cost. In all other respects the judgment is affirmed at plaintiff’s cost.

AYRES, J., is recused.