Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
· 7/1/1902

Wilson v. Banner Lumber Co.

Citations

  • 108 La. 590

Syllabus

<p>Syllabus.</p> <p>TEe right: of action to recover damages for the death of a minor child survive* Indie father or mother or “either of ihenW’ If the wife has, previous to the-death of the child, obtained a divorce from her husband and has the care or the minor children, she can bring the action without his authorization.</p> <p>Her right to recover the amount of the damages is not affected by the fact that she remarried prior to the accident.</p> <p>WKere an employer returns his laborers to their homes by means of a hand-car a number of miles from work, after working hours, the employer is liable Id damages for an accident which happened while so returning home, due to the-negligence of the foreman in charge of the men, even though the accident happened after the day’s work had been completed.</p> <p>A water.boy is not a fellow servant of a section foreman within the meaning off the law governing the negligence of employes.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a lack of actual sales of the work at issue did not preclude market harm
  • explaining that plaintiff did not seek compensation for work until media outlet published work without plaintiffs permission
  • finding actual copying took place where the original and infringing work were “the same photograph”
  • “[T]he use of an image solely to illustrate the content of that image, in a commercial capacity, has yet to be found as fair use.”
  • plaintiff cannot amend complaint in motion or memorandum to assert new claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.