# Brown v. Wertz

> Louisiana Court of Appeal · April 5, 1951 · 52 So. 2d 54

URL: https://www.frixlaw.com/law-library/cases/7404091

## Case

- **Full name:** BROWN et ux. v. WERTZ
- **Court:** Louisiana Court of Appeal
- **Decided:** April 5, 1951
- **Citations:** 52 So. 2d 54; 1951 La. App. LEXIS 666
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Kennon
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7404091

## Opinion text

On Rehearing
PER CURIAM.
In the brief in support of its application for rehearing, defendant, Fairmont Foods Company, discusses the point as to whether or not a shipper of goods by common carrier is responsible for torts committed by the operator of the common carrier vehicle. In the case before us, we find that the owner of the truck entered into a private contract of employment with Fair-mont Foods Company. We further find that the products of the defendant, Fair-mont Foods Company, constituted the entire cargo of the Wertz truck, and that the Wertz truck was engaged in furthering the business of the Fairmont Foods Company by delivering a truckload of its produce to New Orleans. Had there been proof that Ralph Wertz was in business as a public carrier, or that his truck was loaded with the goods of parties other than Fairmont Foods Company, a different question would have been presented.
The rehearing is refused.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7404091. Public record. Not legal advice.