City of Lakeland v. Burton, (1941)
Court: Supreme Court of Florida
Number:
Visitors: 18
Judges: BUFORD, J.
Attorneys: Carver Langston, for Appellants;
E.M. Knight, for Appellee.
Filed: Jun. 06, 1941
Latest Update: Mar. 02, 2020
Summary: On appeal we review order of Circuit Court affirming award in favor of appellee by the Florida Industrial Commission. Appellee's decedent was injured by an accident which occurred on December 6, 1939, in the course of, and arose out of, his employment. Deceased was disabled by the injury and continued to suffer intense pain therefrom until he died sometime between 9:30 P. M. December 20th, and 7:00 o'clock A. M. December 21, 1939, at which time he was found dead in his bed. The record shows that
Summary: On appeal we review order of Circuit Court affirming award in favor of appellee by the Florida Industrial Commission. Appellee's decedent was injured by an accident which occurred on December 6, 1939, in the course of, and arose out of, his employment. Deceased was disabled by the injury and continued to suffer intense pain therefrom until he died sometime between 9:30 P. M. December 20th, and 7:00 o'clock A. M. December 21, 1939, at which time he was found dead in his bed. The record shows that ..
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There is no question here as to the injury having been received in the course of the employment and that it arose out of the employment. Both elements were proven. On the finding of facts made by the commission, it appears that there was a causal connection between the injury and the death of the injured man. It cannot be held that his death was caused solely by his own negligence in taking, or that of the doctor in prescribing, the narcotic.
Source: CourtListener
