Duval Engineering & Contracting Co. v. Johnson

• Citation: 154 Fla. 9,16 So.2d 290
• Parties: DUVAL ENGINEERING & CONTRACTING CO. et al. v. JOHNSON et al.
• Decision Date: 14 January 1944
• Court: United States State Supreme Court of Florida

16 So.2d 290

154 Fla. 9

DUVAL ENGINEERING & CONTRACTING CO. et al. v. JOHNSON et al.

Florida Supreme Court

January 14, 1944

Appeal from Circuit Court, Leon County; E. C. Love Judge.

Osborne Copp & Markham and J. Henson Markham, all of Jacksonville, for appellants.

Wendell C Heaton, of Tallahassee, for appellees.

CHAPMAN, Justice.

This is a workmen's compensation case. The deceased, Lee Johnson an employee of the Duval Engineering & Contracting Company, was assigned the duty to superintend for his employer the construction or repair of the state highway leading east from Lake City in the direction of Jacksonville. On Sunday afternoon, November 12, 1939, the deceased was driving an automobile on the highway west from Jacksonville to Lake City and lost control of his automobile; the car left the highway, catabpulted, and Lee Johnson, the deceased, sustained injuries later resulting in his death.

We fail to find sufficient evidence in the record to establish intoxication on the part of the deceased on Sunday afternoon, November 12, 1939, at the time of the accident in which he sustained injuries later resulting in his death. It is true that the attending physician testified as to the odor of liquor on the breath of the deceased which he observed some time after the accident and prior to his death. The automobile in which the deceased was riding left the highway a few miles east of Lake City, and, incidentally, on that part of the highway on which the deceased was employed and was repairing for his employer.

The Duval Engineering & Contracting Company, for many years prior to November, 1939, pursuant to an established custom, entertained its customers, friends and acquaintances annually at Jacksonville, Florida. On these occasions the several superintendents working for the company would be called into Jacksonville to assist in these affairs. Theoretically, the purpose for these entertainments was to extend the influence and good will of the engineering company. The social functions consisted of drinks, foot ball games, dances and other forms of entertainment. The expense thereof was borne by the engineering company and the several superintendents could obtain money at the office for this purpose, when an accounting for the expenditure was not required.

The deceased arrived in Jacksonville on Friday afternoon, November 10, 1939, and reporting at the office obtained $20.00. He attended a foot ball game with some personal friends and obtained lodging at a boarding house, where a few social drinks were consumed by the deceased and his personal friends. It was not shown that the deceased on this occasion assisted in the entertainment by the engineering company of its customers, friends and acquaintances.

The deceased left Jacksonville on Sunday afternoon for the purpose of returning either to Lake City where he was engaged in work, or Jasper where his family was located. It is not contended that the construction work was being carried on on Sunday afternoon, November 12, 1939, when the accident occurred, but that the work would be resumed, we infer, on the following morning, Monday, under the supervision and direction of the deceased in behalf of his employer engineering company.

The trial court, in its opinion holding that the death of the employee resulted in or arose out of and in the course of his employment, relied upon the following principal of law referred to by this Court in the case of Bituminous Casualty Corp. v. Richardson, 148 Fla. 323, 4 So.2d 378 379, viz: 'The co...