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SCHMOLKE v. KRAUSS COMPANY

No. 3163.

217 So.2d 789 (1969)

Daisy Burt SCHMOLKE v. KRAUSS COMPANY, Ltd.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 3, 1969.

Attorney(s) appearing for the Case

Peter J. Abadie, Jr., New Orleans, for plaintiff-appellant.

Sessions, Fishman, Rosenson, Snellings & Boisfontaine, James C. Murphy, Jr., New Orleans, for defendant-appellee.

Christovich & Kearney, Lawrence J. Ernst, New Orleans, for intervenor-appellee.

Before REGAN, SAMUEL and REDMANN, JJ.

REDMANN, Judge.

Mrs. Daisy Burt Schmolke, who was employed in the shoe department operated by Sid Katz, Inc. within Krauss Company Ltd.'s department store, appeals from a summary judgment dismissing her suit in tort against Krauss for injuries sustained on Krauss' premises.

The theory supporting the summary judgment is that under LSA-R.S. 23:1061 Krauss is a principal, liable to its contractor Katz' employee for workmen's compensation as if the employee were...

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