
    BROWN et ux. v. WERTZ et al.
    No. 7591.
    Court of Appeal of Louisiana. Second Circuit.
    April 5, 1951.
    Rehearing Denied April 27, 1951.
    Dimick & Hamilton, Shreveport, Gaha--gan & Pierson, Natchitoches, for appellants.
    
      Stafford & Pitts and Gist, Thornton & Murchison, all of Alexandria, Charles Flansburg, Lincoln, Neb., for appellees.
   KENNON, Judge. ,

For the reasons assigned in case No. 7592, 52 So.2d 47, the judgment appealed from is set aside and judgment is now rendered in favor of the plaintiff, Terry Brown, for the sum of $3,450.00, and in favor of the plaintiff, Mrs. Mildred K. Brown, in the sum of $3,000.00, both judgments to be against Clarence Thomas, Ralph Wertz, d/b/a Wertz Fruit Company, Highway Insurance Underwriters, and Fairmont Foods Company, in solido, with five per cent, interest from judicial demand until paid.

All rights which the defendant, Fairmont Foods Company, may have against the other defendants herein cast for reimbursement as the result of this judgment, are hereby reserved to the company.

Costs of both courts to be paid by the defendants cast.

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.  