MITCHELL v. JAMES

No. 1609.

182 So.2d 144 (1966)

Willis Henry MITCHELL, Plaintiff and Appellant, v. Sam H. JAMES, Sheriff of Natchitoches Parish, Louisiana, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 7, 1966.


Attorney(s) appearing for the Case

Booth, Lockard, Jack Pleasant & LeSage, by James A. Reeder, Shreveport, for plaintiff-appellant.

Thomas & Friedman, by Gerard F. Thomas, Jr., Natchitoches, for defendant-appellee.

Before TATE, FRUGÉ and CULPEPPER, JJ.


CULPEPPER, Judge.

Pursuant to legislative authorization, plaintiff, a deputy sheriff, sues Sam H. James, in his capacity as sheriff of Natchitoches Parish, for workmen's compensation benefits. The district judge sustained defendant's exception of no cause of action, on the grounds that a deputy sheriff is a public officer and, as such, is excluded from the provisions of our Workmen's Compensation Act. From a judgment dismissing his suit, plaintiff appeals.

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