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44 So. 2d 650

Brooks-Scanlon v. Lee

BROOKS-SCANLON, Inc. et al. v. LEE et al.

Supreme Court of Florida

Decided February 21, 1950.

Supreme Court of Florida · decided 1950-02-21

Key passage — most relied on by later courts

“"* * * there must be an accident preceding the injury. In other words, the injury itself cannot suffice for, or constitute, the accident. "This case is ruled by our decision in Cleary Brothers Construction Company Nobles, 156 Fla. 408 , 23 So.2d 525 . This case is distinguished from the several cases cited in Protectu Awning Shutter Company v. Cline, 154 Fla. 30 , 16 So.2d 342 ; Davis v. Artley Construction Company, 154 Fla. 481 , 18 So.2d 255 , by appellee for in those cases we found that there was an accident which preceded the injury."”

quoted by 1 later decision, including 64 So. 2d 650 - Gray v. Employers Mut. Liability Ins. Co.

Relies on Davis v. Artley Construction Co. · Trivetts Tested Seeds, Inc. v. Island Landscape Co. · Protectu Awning Shutter Co. v. Cline

Good law ✅— No negative treatment on recordhow we know

Decided 1950-02-21

How this case has been cited

Cited by 9 later decisions — most recently December 1992

9 state decisions

7019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Keen, O'Kelley & Spitz and A. Frank O'Kelley, Tallahassee, for appellants.

¶2T.T. Turnbull and William A. O'Bryan, Tallahassee, for appellees.

¶3ADAMS, Chief Justice.

¶4The only question here is whether appellee's deceased husband sustained an injury by "accident" within the meaning of our Workmen's Compensation Act.

¶5All inferior tribunals found in the affirmative although the circuit court plainly indicated that the injury preceded any possible accident, if there was any accident. In City of Tallahassee v. Roberts, 155 Fla. 815, 21 So.2d 712, and cases cited there, we construed the statute (Sec. 440.01 et seq., Fla. Stat. 1941, F.S.A.) to the effect that to authorize an award there must be an accident preceding the injury. In other words, the injury itself cannot suffice for, or constitute, the accident.

¶6This case is ruled by our decision in Cleary Brothers Construction Company v. Nobles, 156 Fla. 408, 23 So.2d 525. This case is distinguished from the several cases cited in Protectu Awning Shutter Company v. Cline, 154 Fla. 30, 16 So.2d 342; Davis v. Artley Construction Company, 154 Fla. 481, 18 So.2d 255, by appellee for in those cases we found that there was an accident which preceded the injury.

¶7The judgment is therefore

¶8Reversed.

¶9THOMAS, HOBSON, and ROBERTS, JJ., and TILLMAN, A.J., concur.

¶10CHAPMAN, J., dissents.

¶11TERRELL, J., not participating.

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