West Hartlepool Steam Navigation Co. v. Benemelis Steamship Co.

Citations

• 12 Teiss. 3
• 1914 La. App. LEXIS 104

Syllabus

<p>Syllabus.</p> <p>1. Even though the averments of a petition are insufficient in charging a contractual liability on the part of defendant, still the exception of no cause of action should not be maintained, where independently of these averments, the allegations of the petition are ample to sustain a cause of action ex delicto.</p> <p>2. The defense of independent contractor is one of law and of fact, and its determination depends upon the terms of the contract and the manner in which it is executed.</p> <p>3. The course of prescription of a claim against a foreign corporation is interrupted neither by service upon a person who is’unauthorized by law. or by contract to receive citation upon its behalf, nor by service in the mode prescribed by Act 23 of 1900, the provisions of- which have been held unconstitutional.</p>