Travelers Ins. Co. v. Shepard

CourtUnited States State Supreme Court of Florida
Citation20 So.2d 903,155 Fla. 576
PartiesTRAVELERS INS. CO. et al. v. SHEPARD et al.
Decision Date20 February 1945

20 So.2d 903

155 Fla. 576

SHEPARD et al.

Florida Supreme Court

February 20, 1945

Appeal from Circuit Court, Lake County; J. C. B. Koonce, judge.

Harry T. Gray and Marks, Marks, Holt, Gray & Yates, all of Jacksonville, for appellants.

T. C. Cork, of Clermont, for appellee.

ADAMS, Justice.

Appellee was employed as a citrus packer. She had been packing fruit with her bare hands for several weeks when a rash appeared on her arms which, within a period of several days, spread to other parts of her body, causing discomfort and making it necessary for her to stop work. She went to a doctor who diagnosed the ailment as dermatitis caused by oil from oranges.

[155 Fla. 577] She filed a claim for compensation under the Workmen's Compensation Act. The claim was rejected by the Industrial Commission because she did not suffer an accident arising out of and in the course of her employment. On appeal to the circuit court this order was reversed. The judgment of the circuit court is before us and presents the single question of whether the injury occurred by an accident as defined in the Workmen's Compensation Act. We can rest the decision of this case on our opinion, S. H. Kress & Co. v. Burkes, 153 Fla. 868, 16 So.2d 106.

It is not amiss to point out, however, that an accident is not shown by the nnexpected occurrence of an injury. The injury must necessarily follow the unexpected or unusual event in order for the case to come under the statute. Sec. 440.02, F.S. '41, F.S.A. paragraph 19.

The judgment is reversed upon authority of Kress & Co. v. Burkes, supra.


CHAPMAN, C. J., and TERRELL and BUFORD, JJ., concur.

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5 cases
  • Hensley v. Farmers Federation Co-op., CO-OPERATIV
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 22, 1957
    ...of the Page 294 different statutes. Williams v. National Cash Register Co., 272 Mich. 553, 262 N. W. 306; Travelers Ins. Co. v. Shepard, 155 Fla. 576, 20 So.2d 903; Beadle v. Bethlehem Steel Co., 172 Md. 541, 193 A. 240; Kendrick v. Sheffield Steel Corporation, Mo.App., 166 S.W.2d 590; Scre......
  • Consolidated Coal Co. v. Dill, 6 Div. 414.
    • United States
    • Supreme Court of Alabama
    • May 9, 1946
    ...Co., 234 Ala. 313, 174 So. 530; Young v. Melrose Granite Co., 152 Minn. 512, 189 N.W. 426, 29 A.L.R. 506; Travelers Ins. Co. v. Shepard, 155 Fla. 576, 20 So.2d 903; Jackson v. Southern Kraft Corp., La.App., 183 So. 135; Industrial Comm. of Ohio v. Russell, 111 Ohio St. 692, 146 N.E. 305. Th......
  • City of Tallahassee v. Roberts
    • United States
    • United States State Supreme Court of Florida
    • April 17, 1945
    ...construed this act. See Kress & Co. et al. v. Burkes, 153 Fla. 868, 16 So.2d 106; Travelers Insurance Co. et al. v Shepard et al., Fla., 20 So.2d 903; General Properties Co. v. Greening, Fla., 18 So.2d 908. The factual background of this award will appear from the following quotation of cla......
  • Clark v. Clark
    • United States
    • United States State Supreme Court of Florida
    • February 20, 1945
    ...wife in this court against this petition for certiorari. In view of the cost of travel and the time consumed we will allow counsel for [155 Fla. 576] the respondent a fee of $300. It appears that he has already been paid $500 as required by the chancellor's order and the extra $200 can be c......
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