Travelers Ins. Co. v. Taylor

Citation147 Fla. 210,3 So.2d 381
PartiesTRAVELERS INS. CO. et al. v. TAYLOR et al.
Decision Date18 April 1941
CourtUnited States State Supreme Court of Florida

Rehearing Denied Judy 22, 1941.

En Banc.

Appeal from Circuit Court, Duval County; Miles W. Lewis judge.

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

William E Fairbanks, of Jacksonville, for appellees.

THOMAS Justice.

The Terminal Transfer Company operated a truck between Jacksonville, Florida, and Waycross, Georgia, as a contract carrier for the Great Atlantic & Pacific Tea Company, delivering goods to four of its stores in the latter city. James C. Taylor was employed by the carrier as a driver of the truck and had been in that service for six or seven years. It was his duty in this employment not only to drive the truck but also take receipts for merchandise delivered and he was responsible both for the machine and its freight.

In March, 1939, on a night prior to one of the scheduled trips to Waycross Taylor attended a dance and did not return to his home until about three o'clock the following morning. Feeling that if he went to bed he would oversleep and probably not reach his work on time he changed clothes and within an hour went to the place of business of his employer in his own car. About two hours later, his whereabouts meanwhile not being disclosed, he roused a friend, James DeLettre, from his sleep and asked him to operate the truck on the regular trip to Waycross that he, Taylor, might be able to observe DeLettre's ability to drive.

Parenthetically, it was claimant's theory that Taylor's desire to be acquainted with the qualifications of DeLettre as a driver grew out of a request made of him by the manager of the employer company to 'pick somebody out' or 'be on the lookout for somebody' for the position. This is the version given by the manager of the transfer company who was a brother-in-law of Taylor and whose testimony appears in the record.

To continue with the narrative of facts, when the two men reached the warehouse of the Great Atlantic & Pacific Tea Company in Jacksonville the truck was being loaded in preparation for the journey to Waycross and Taylor signed a receipt for the goods. From the starting point the truck was taken to a filling station where it was replenished with gas and Taylor signed the receipt left with the operator. He then told DeLettre to proceed toward Waycross and to wait for him at Dinsmore, a few miles distant.

When that place was reached Taylor appeared in his own car accompanied by one Lee Williams, a 'checker' for the same company that employed Taylor. The truck driver next saw the men at Hilliard and later the car occupied by Taylor and Williams passed the truck near Folkston. When the truck went by the 'New York Tourist Camp' a short distance beyond Folkston Taylor's car was parked there.

Upon arriving at Waycross DeLettre delivered some of the merchandise at one of the stores of The Great Atlantic & Pacific Tea Company and proceeded to the second store where Taylor was waiting for him. Taylor took the receipt of the manager of that store for the goods delivered. Although the truck driver went to the remaining two stores of the company in Waycross, he did not see Taylor again until the driver returned to the second store visited where Taylor appeared still accompanied by Williams.

As he was preparing to leave Waycross DeLettre was told by Taylor to go to 'Jim Bowie's Camp' and upon arriving there he was instructed to park the truck while the three men proceeded to 'Travelers Inn', a roadside place south of Waycross; thence to Waycross. As they were leaving this inn Taylor became sleepy and his companion Williams drove the car to Waycross and back to Bowie's camp while Taylor remained asleep. Finally DeLettre left for Jacksonville and as he drove southward, past 'New York Tourist Camp' just north of Folkston, he saw Taylor and Williams, the former still asleep. DeLettre told Williams that he would meet them at 'Three Sisters Inn' north of Hilliard.

When he reached there he saw nothing of the other car and after waiting for about thirty minutes received the information that the car occupied by Taylor and williams had been wrecked, and that both of them were injured. As a result of the accident both Williams and Taylor died.

DeLettre had been cautioned by Taylor during the day not to go into Jacksonville without him because it was necessary that he 'do something with these tickets,' evidently referring to the receipts delivered by the storekeepers to evidence the delivery of merchandise to them.

The manager of the carrier company was asked on the witness stand if he had any 'idea on this day that any one else was driving the truck' and he replied in the negative.

The actions of Taylor are given in some detail because necessary to a comprehensive application of the relevant portions of the 'Florida Workmen's Compensation Act.'

It may be well, at the outset, to quote that section of the Florida Workmen's Compensation Act (Chapter 17481, Laws of Florida, Acts of 1935) which defines an injury for which recovery may be obtained by an employee as 'personal injury or death by accident arising out of and in the course of employment * * *.' As was said in Mueller Const Co. v. Industrial Board, 283...

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14 cases
  • Brown v. Weber Implement & Auto Co.
    • United States
    • United States State Supreme Court of Missouri
    • 10 November 1947
    ......Jack Rabbit Candy Co., 54. S.W.2d 779; Lynch v. Tobin Quarries, Inc., 148. S.W.2d 80; Travelers Ins. Co. v. Taylor, 147 Fla. 210, 3 So.2d 381; Ginther v. Graham Transfer Co.,. 348 Penn. 60, 33 ......
  • Gray v. Employers Mut. Liability Ins. Co.
    • United States
    • United States State Supreme Court of Florida
    • 14 November 1952
    ...to show that the accident or injury happened not only in the course of claimant's employment but arose out of it. Travelers Ins. Co. v. Taylor, 147 Fla. 210, 3 So.2d 381. Thus, in the Brooks-Scanlon case, supra, where the claimant was working as a laborer at a sawmill, lifting boards and 'a......
  • Brown v. Weber Implement & Auto Co., 40360.
    • United States
    • United States State Supreme Court of Missouri
    • 10 November 1947
    ...1002; Miliato v. Jack Rabbit Candy Co., 54 S.W. (2d) 779; Lynch v. Tobin Quarries, Inc., 148 S.W. (2d) 80; Travelers Ins. Co. v. Taylor, 147 Fla. 210, 3 So. (2d) 381; Ginther v. Graham Transfer Co., 348 Penn. 60, 33 Atl. (2d) 923; Brown v. Birmingham Nurseries, 173 Tenn. 343, 117 S.W. (2d) ......
  • Naranja Rock Co. v. Dawal Farms
    • United States
    • United States State Supreme Court of Florida
    • 6 July 1954
    ...Co. v. Lewis, 155 Fla. 430, 20 So.2d 385; Heller Bros. Packing Co. v. Kendricks, 155 Fla. 428, 20 So.2d 387; Travelers Insurance Co. v. Taylor, 147 Fla. 210, 3 So.2d 381; Bituminous Casualty Co. v. Richardson, 148 Fla. 323, 4 So.2d 378; Fidelity & Casualty Company of N. Y. v. Moore, 143 Fla......
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