Cohen v. Sloan

• Citation: 188 So. 331,137 Fla. 335
• Parties: COHEN v. SLOAN et al.
• Decision Date: 25 April 1939
• Court: United States State Supreme Court of Florida

188 So. 331

137 Fla. 335

COHEN v. SLOAN et al.

Florida Supreme Court, Division B.

April 25, 1939

Rehearing Denied May 12, 1939.

Further Rehearing Denied June 27, 1930.

Error to Circuit Court, Gilchrist County; H. L. Sebring, Judge.

Proceeding under the Workmen's Compensation Act by I. Sloan and Mamie Sloan, as parents of Willie Mae Sloan, deceased opposed by Philip Cohen, employer, to recover for death of the deceased. Judgment affirming an award of the Industrial Commission in favor of claimants, and the employer brings error.

Affirmed.

COUNSEL

Scruggs & Sobol, of Gainesville, for plaintiff in error.

McKinney & Edwards, of Cross City and Whitfield & Whitfield, of Tallahassee, for defendants in error.

OPINION

PER CURIAM.

A petition on the part of I. Sloan and wife, Mamie Sloan, as heirs at law of Willie Mae Sloan, deceased, was filed with the Industrial Commission against Philip Cohen, the employer of the late Willie Mae Sloan. The petition was filed under Chapter 17481, Act of 1935, Laws of Florida, alleging that Willie Mae Sloan died intestate in Alachua County, Florida on November 24, 1936, and that at the time of her said death she was performing duties within the scope of her employment and was receiving the sum of $9 per week from Philip Cohen when she met her death.

The Florida Industrial Commission took evidence on the issues submitted, and, after considering the evidence and argument of counsel for the respective parties, the Industrial Commission entered an order to the effect that Willie Mae Sloan died as a result of an injury sustained in the course of her employment and awarded to the petitioners, as father and mother, the sum of $4 per week for a period of 350 weeks and a sum for funeral expenses, medical bills and attorney's fees.

The employer, Philip Cohen, being dissatisfied with the award appealed, and caused the case to be reviewed before Honorable H. L. Sebring, Circuit Judge, and the Court, after reviewing the evidence and exhibits, heard the respective parties by counsel, and then made and entered an order affirming the award entered by the Industrial Commission. From the order entered by the Circuit Court of Gilchrist County a writ of error was sued out and the order of affirmance appealed from assigned as error in this Court.

We have read the testimony adduced by the parties appearing in the transcript of the record, the briefs submitted by counsel...