MARTIN v. THEOCKARY

No. 14999.

220 F.2d 900 (1955)

Honore MARTIN, Appellant, v. Anthony R. THEOCKARY, Appellee.

United States Court of Appeals, Fifth Circuit.

March 30, 1955.


Attorney(s) appearing for the Case

H. Reid DeJarnette, Dixon, DeJarnette & Bradford, and Douglas M. Carlton, Miami, Fla., for appellant.

Melvin W. Nelson, Miami, Fla., Philip Gensler, New Orleans, La., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


TUTTLE, Circuit Judge.

The sole question on this appeal is whether under Florida law, an employee who is injured through the negligence of a co-employee, such injury being compensable under the workmen's compensation law, may recover damages from the co-employee. The applicable statute, Fla.Stat.1951, § 440.39, F.S.A., provides in part as follows:

"Compensation for injuries where third persons are liable. — (1) If an employee, subject to the provisions...

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