Leckie v. H.D. Foote Lumber Co.
40 So.2d 249 (La. Ct. App. 1948)

Facts:

  • Leckie was employed as a saw filer and scaler.
  • He was attending to the running of the engines and machinery, including the blower, and keeping himself available to scale any logs that might arrive at the mill.
  • During this time he decided trim a short piece of lumber and take it home to use as stove wood.
    • The board being trimmed was not fit for sale and was usable only as firewood.
    • This was common of employees, however.
  • While doing this, he received an injury that resulted in the loss of a substantial portion of his left hand.
  • Leckie filed for workers’ comp.

Issue:
Is compensation due an employee who is injured, while at his place of duty, while watching machinery as required by his employer, while available on the premises for his other duty of scaling any logs that might arrive, but whose injury occurs when the employee is also performing some other act for his own benefit?

Holding:
No.

Reasoning:

  • Plaintiff, when injured, had turned aside from his over-hour duties to his employer and was engaged in the performance of an act purely for his own interest and benefit…In so doing, he unnecessarily exposed himself to the dangerous instrumentality that caused the injury but for which the accident would not have happened.
  • Note: Courts differ in regards to cases similar to this one.