
    Terrance E. DOWNEY v. Thomas R. CALLERY et al.
    No. 58988.
    Supreme Court of Louisiana.
    Jan. 14, 1977.
   In re: Terrance E. Downey, applying for certiorari, or writ of review, to the Court of Appeal, 338 So.2d 937, Fourth Circuit, Parish of Jefferson.

Writ refused. On the facts found by the Court of Appeal, there is no error of law.

SUMMERS, J.,

(concurring in denial). I am of the opinion Canter v. Koehring, 283 So.2d 716 (La.1973) should be overruled. See also Act 147 of 1976, legislatively overruling Canter v. Koehring.

TATE, J.,

dissents from the denial. The facts characterized by the Court of Appeal as a delegation do not constitute in law a delegation of the president of this small company’s duty to furnish a safe place to work in this hazardous manufacturing plant, which had no safety program whatsoever. The Court of Appeal should not have disturbed this reasonably-based factual finding by the trier of fact.

DIXON, J., is of the opinion the writ should be granted.

CALOGERO, J., would grant the writ.  