Suwannee Val. Elec. Co-op. v. Live Oak, Perry & Gulf R. Co.

CourtUnited States State Supreme Court of Florida
Writing for the CourtTERRELL; ROBERTS
Citation73 So.2d 820
PartiesSUWANNEE VALLEY ELECTRIC COOPERATIVE, Inc. v. LIVE OAK, PERRY & GULF R. CO.
Decision Date13 July 1954

Page 820

73 So.2d 820
SUWANNEE VALLEY ELECTRIC COOPERATIVE, Inc.
v.
LIVE OAK, PERRY & GULF R. CO.
Supreme Court of Florida, Division A.
July 13, 1954.

Page 821

Rogers, Towers & Bailey and Elmer Norton, Jacksonville, and Alfred T. Airth, Live Oak, for appellant.

Marks, Gray, Yates & Conroy and Harry T. Gray, Jacksonville, and J. L. Blackwell, Live Oak, for appellee.

TERRELL, Justice.

The Live Oak, Perry and Gulf Railroad Company, hereinafter called the Railroad Company, operates a railroad between Live Oak in Suwannee County and Perry in Taylor County with a branch line from Mayo Junction to Mayo in Lafayette County. Prior to 1945 Suwannee Valley Electric Cooperative, Inc., hereinafter called the Electric Company, was engaged in the business of distributing electricity to the rural communities of Suwannee, Lafayette and portions of Taylor Counties. While so engaged, the Electric Company secured permission from the Railroad Company to, and did in fact, cross the Railroad Company's tracks with high voltage wires between Mayo and Mayo Junction. Said crossing was made with two wires, the lower one being known as the bottom or ground wire and the upper one being known as the hot or phase wire.

The Railroad Company owned and operated a flat car on which a derrick was installed. February 23, 1948, while the Railroad Company was operating said flat car the derrick struck the hot or phase wire resulting in serious injury to one Bevel, an employee of the Railroad Company who was riding on the flat car near the derrick. Bevel brought an action against the Railroad Company in the Federal Court and recovered damages for personal injuries in the sum of $20,000 which the Railroad Company paid. Bevel's suit was grounded on the theory that the Railroad Company failed to provide him a safe place to work in that the hot wire of the Electric Company was maintained lower than good practice permitted.

This suit was brought by the Railroad Company against the Electric Company for indemnity, account of the $20,000 judgment for damages it paid to Bevel. The Electric Company denied the material allegations of the complaint and alleged that the cause of Bevel's injuries was permitting the power line to be placed at such a level that the derrick would contact it, that the Railroad Company negligently failed to warn its employee of danger, that the plaintiff was a joint tort-feasor and that it was guilty of contributory negligence in that it failed to exercise...

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10 practice notes
  • Atlantic Coast Line R. Co. v. Whetstone, No. 18098
    • United States
    • United States State Supreme Court of South Carolina
    • July 16, 1963
    ...Refrigeration v. United Motors Service, 69 Ga.App. 783, 26 S.E.2d 789, 792 (1943); Suwannee Valley E. Co-op v. Live Oak, P. & G. R. Co., 73 So.2d 820 (Fla.1954); and St. Louis-San Francisco Railway Co. v. United States, Fifth Circuit, 187 F.2d No case has been called or come to my attention......
  • New York Central Railroad Co. v. General Motors Corp., Civ. No. 34518.
    • United States
    • U.S. District Court — Northern District of Ohio
    • April 6, 1960
    ...To sustain their view, they cite the following cases: "See Suwannee Valley Elec. Co-op. v. Live Oak Perry & Gulf Railroad Company, 73 So.2d 820 (Fla.Sup.Ct., 1954) (low overhead power line); 182 F. Supp. 286 John P. Gorman Coal Company v. Louisville and Nashville Railroad Company, 213 Ky. 5......
  • Stuart v. Hertz Corp., 46553
    • United States
    • United States State Supreme Court of Florida
    • July 28, 1977
    ...Winn-Dixie Stores v. Fellows, 153 So.2d 45 (Fla.1st DCA 1963); Suwannee Valley Elec. Coop., Inc. v. Live Oak, Perry and Gulf R. Co., 73 So.2d 820 (Fla.1954); Seaboard Air Line Ry. Co. v. American Dist. Elec. Protective Co., 106 Fla. 330, 143 So. 316 The Third District Court has held that a ......
  • Florida Power Corp. v. Taylor, No. 75--1161
    • United States
    • Florida District Court of Appeals
    • May 28, 1976
    ...J. C. Penny Co., Fla.App.1st 1964, 166 So.2d 211; Suwannee Valley Electric Co-operative, Inc. v. Live Oak, Perry, & Gulf R. Co., Fla.1954, 73 So.2d 820. However, in none of these cases was an Active tortfeasor allowed to recover on a theory of indemnity by virtue of breach of a contractual ......
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10 cases
  • Atlantic Coast Line R. Co. v. Whetstone, No. 18098
    • United States
    • United States State Supreme Court of South Carolina
    • July 16, 1963
    ...Refrigeration v. United Motors Service, 69 Ga.App. 783, 26 S.E.2d 789, 792 (1943); Suwannee Valley E. Co-op v. Live Oak, P. & G. R. Co., 73 So.2d 820 (Fla.1954); and St. Louis-San Francisco Railway Co. v. United States, Fifth Circuit, 187 F.2d No case has been called or come to my attention......
  • New York Central Railroad Co. v. General Motors Corp., Civ. No. 34518.
    • United States
    • U.S. District Court — Northern District of Ohio
    • April 6, 1960
    ...To sustain their view, they cite the following cases: "See Suwannee Valley Elec. Co-op. v. Live Oak Perry & Gulf Railroad Company, 73 So.2d 820 (Fla.Sup.Ct., 1954) (low overhead power line); 182 F. Supp. 286 John P. Gorman Coal Company v. Louisville and Nashville Railroad Company, 213 Ky. 5......
  • Stuart v. Hertz Corp., 46553
    • United States
    • United States State Supreme Court of Florida
    • July 28, 1977
    ...Winn-Dixie Stores v. Fellows, 153 So.2d 45 (Fla.1st DCA 1963); Suwannee Valley Elec. Coop., Inc. v. Live Oak, Perry and Gulf R. Co., 73 So.2d 820 (Fla.1954); Seaboard Air Line Ry. Co. v. American Dist. Elec. Protective Co., 106 Fla. 330, 143 So. 316 The Third District Court has held that a ......
  • Florida Power Corp. v. Taylor, No. 75--1161
    • United States
    • Florida District Court of Appeals
    • May 28, 1976
    ...J. C. Penny Co., Fla.App.1st 1964, 166 So.2d 211; Suwannee Valley Electric Co-operative, Inc. v. Live Oak, Perry, & Gulf R. Co., Fla.1954, 73 So.2d 820. However, in none of these cases was an Active tortfeasor allowed to recover on a theory of indemnity by virtue of breach of a contractual ......
  • Request a trial to view additional results

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