Travelers Ins. Co. v. Taylor

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

3 So.2d 381

147 Fla. 210

TRAVELERS INS. CO. et al.
v.
TAYLOR et al.

Florida Supreme Court

April 18, 1941


Rehearing Denied Judy 22, 1941.

En Banc. [3 So.2d 382]

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. [147 Fla. 211] 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 [147 Fla. 212] 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',...

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12 practice notes
  • Gray v. Employers Mut. Liability Ins. Co.
    • United States
    • United States State Supreme Court of Florida
    • November 14, 1952
    ...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 Thus, in the Brooks-Scanlon case, supra, where the claimant was working as a laborer at a sawmill, lifting boards and 'at 4:00 in the......
  • Naranja Rock Co. v. Dawal Farms
    • United States
    • United States State Supreme Court of Florida
    • July 6, 1954
    ...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. 103, ......
  • Schwartz v. Zippy Mart, Inc., Nos. AN-63
    • United States
    • Court of Appeal of Florida (US)
    • May 7, 1985
    ...The early line of cases required, as a condition to recovery, that both elements be established. Travelers Insurance Company v. Taylor, 147 Fla. 210, 3 So.2d 381 (1941); Fidelity and Casualty Company of New York v. Moore, 143 Fla. 103, 196 So. 495 (1940). Although the separateness of the tw......
  • Malbis Bakery Co. v. Collins, 1 Div. 196.
    • United States
    • Supreme Court of Alabama
    • October 21, 1943
    ...122 So. 806. Counsel for petitioner urge as an authority for the petitioner the decision in the case of Travelers Insurance Co. v. Taylor, 147 Fla. 210, 3 So.2d 381, decided by the Supreme Court of Florida by a divided court. But that case, we think, is clearly distinguishable from the case......
  • Request a trial to view additional results
12 cases
  • Gray v. Employers Mut. Liability Ins. Co.
    • United States
    • United States State Supreme Court of Florida
    • November 14, 1952
    ...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 Thus, in the Brooks-Scanlon case, supra, where the claimant was working as a laborer at a sawmill, lifting boards and 'at 4:00 in the......
  • Naranja Rock Co. v. Dawal Farms
    • United States
    • United States State Supreme Court of Florida
    • July 6, 1954
    ...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. 1......
  • Schwartz v. Zippy Mart, Inc., Nos. AN-63
    • United States
    • Court of Appeal of Florida (US)
    • May 7, 1985
    ...The early line of cases required, as a condition to recovery, that both elements be established. Travelers Insurance Company v. Taylor, 147 Fla. 210, 3 So.2d 381 (1941); Fidelity and Casualty Company of New York v. Moore, 143 Fla. 103, 196 So. 495 (1940). Although the separateness of the tw......
  • Malbis Bakery Co. v. Collins, 1 Div. 196.
    • United States
    • Supreme Court of Alabama
    • October 21, 1943
    ...122 So. 806. Counsel for petitioner urge as an authority for the petitioner the decision in the case of Travelers Insurance Co. v. Taylor, 147 Fla. 210, 3 So.2d 381, decided by the Supreme Court of Florida by a divided court. But that case, we think, is clearly distinguishable from the case......
  • Request a trial to view additional results

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