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113 La. 778

Schroeder v. Collins

Supreme Court of Louisiana

Decided January 4, 1904

Supreme Court of Louisiana · decided 1904-01-04

Action by James Schroeder against Charles Collins. Judgment for defendant was affirmed by the Court of Appeal, and he applies for certiorari or writ of review.

Relies on State ex rel. I. X. L. Grocery Co. v. Land

Good law ✅— No negative treatment on recordhow we know

Denied · Decided 1904-01-04

How this case has been cited

Cited by 20 later decisions — most recently February 2016

20 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

LAND, J.

¶1The Court of Appeal held that a railroad switchman is a “laborer” in the sense of article 644 of the Code of Practice, as amended by Act No. 79, p. 123, of 1876, exempting “laborer’s wages” from seizure under execution. We see no error in this ruling.

¶2All manual employments require a certain degree of intelligence and skill. It is true that we have held that a locomotive engineer was not a “laborer” in the sense of the statute (State ex rel. Grocery Co. v. Judge, 108 La. 512, 32 South. 433, 58 L. R. A. 407, 92 Am. St. Rep. 392), but we did so because we considered him as a “mechanical engineer,” discharging highly important duties, requiring the exercise of skill, expertness, and judgment, and as occupying a posi*779tion of authority in the management of the train.

¶3To hold that a switchman was not a laborer would be tantamount to denying the benefit of the exemption to all railroad employes performing hard manual labor.

¶4It is therefore ordered that this application be denied, applicant to pay all costs of same.

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