Sanford v. A. P. Clark Motors
| Decision Date | 24 March 1950 |
| Citation | 45 So.2d 185 |
| Parties | SANFORD et al. v. A. P. CLARK MOTORS, Inc., et al. |
| Court | Florida Supreme Court |
John G. Baker, Baker & Thornal and Wendell C. Heaton, Tallahassee, for appellants.
J. Thomas Gurney, Orlando, for appellees.
Earl H. Sanford, as employee of A. P. Clark Motors, Inc., of Orlando, Florida, died August 13, 1948 as the result of an automobile accident. His widow, Pauline Moseley Sanford, presented her claim for Workmen's Compensation and other benefits as provided under Section 440.01 et seq., F.S.A. Appellees resist her claim on the ground that Sanford's death did not result from an accident arising out of and in the course of his employment. The Deputy Commissioner denied the claim. On appeal the full Commissioner reversed the order of the Deputy Commissioner and allowed the claimant compensation for herself and two minor children, including other benefits contemplated by the act. On appeal to the Circuit Court the order of the full Commission was reversed and the claim was denied. The claimant has appealed from the order of the Circuit Court.
The sole question for determination is whether or not the accident which resulted in Sanford's death arose out of and in the course of his employment.
The evidence shows that the accident took place early Saturday afternoon, August 7, 1948. The deceased was an employee of A. P. Clark, Inc., and was instructed by the President of the Company to deliver an automobile engine to Hooper Motor Company in Cocoa, Florida. The deceased placed the engine on the employer's truck at Orlando and left about 12:30 P.M., presumably for Cocoa. Shortly thereafter the wrecked truck and the deceased were found near the highway just East of Apopka, about ten miles from Orlando. Cocoa is Southeast while Apopka is Northwest of Orlando, so appellant was apparently traveling in the opposite direction from where he was instructed to go, but the Circuit Court points out in his order that the 'direct highway from Orlando to Cocoa, the Cheney Highway, being closed, traffic was routed by way of the Goldenrod Road through Oviedo, Chuluota and Christmas.'
The Goldenrod Road and the road to Apopka from Orlando both lead in a Northerly direction but the Apopka Road bears to the Northwest and the Goldenrod Road bears to the Northeast before they leave the City. The automobile engine had a shipping tag on it addressed to Wildwood, Motor Company, Wildwood, Florida and the road on which deceased was traveling when he met his death was the direct route from Orlando to Wildwood. There was also testimony to the effect that there was a label on the engine addressed to Hooper Motor Company, Cocoa, Florida. The foregoing facts are not disputed and except for the fact that deceased was on the wrong road there is no showing whatever that he had abandoned his Master's business and was engaged in a personal mission at...
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L. B. Priester & Son, Inc. v. Bynum's Dependents
...in hearings on workmen's compensation, like facts in other trials, may be established by circumstantial evidence. Sanford v. A. P. Clark Motors, Inc., 45 So.2d 185 (Fla.); Retail Credit Company v. Coleman, 227 Miss. 791, 86 So.2d 666; Daigle v. Crescent City Garage, Inc., 180 So. 831 (La.Ap......
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Frederick v. Younger Van Lines
...Workmen's Compensation Law. Also see London Guarantee and Accident Co. v. Herndon, 81 Ga.App. 178, 58 S.E.2d 510; Sanford v. A. P. Clark Motors, Inc., (Fla.1950), 45 So.2d 185; Ortega v. Ed Horrell & Son, 89 Ariz. 370, 362 P.2d 744; Employers' Liability Assurance Corporation, Ltd. v. Indust......
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Dependents of Ingram's v. Hyster Sales & Service Inc., 45619
...weight of the testimony required to establish a claim. Section 6998-28, Mississippi Code 1942 Annotated (1952); Cf. Sanford v. A. P. Clark Motors, 45 So.2d 185 (Fla.1950). Moreover, facts and conclusions may be drawn from the evidence sufficient to establish by circumstantial evidence that ......
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Foxworth v. Florida Indus. Com'n
... ... Rao, Fla.1954, 72 So.2d 53; American Airmotive Corp. v. Moore, Fla.1952, 62 So.2d 37; Sanford v. A. P. Clark Motors, Inc., ... Fla.1950, 45 So.2d 185. What is overlooked by the claimant is ... ...