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SEABREEZE INDUSTRIES, INC. v. PHILY

No. 1459.

118 So.2d 54 (1960)

SEABREEZE INDUSTRIES, INC., and Boston-Old Colony Insurance Company, Petitioners, v. Alice M. PHILY et al., and the Florida Industrial Commission, Respondents.

District Court of Appeal of Florida. Second District.

Rehearing Denied February 29, 1960.

Attorney(s) appearing for the Case

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for petitioners.

Miller & Miller, Fort Lauderdale, for respondent, Alice M. Phily.

Burnis T. Coleman and Paul E. Speh, Tallahassee, for respondent, Florida Industrial Commission.

KANNER, Acting Chief Judge.

The insurance carrier, asserting that the fatal accident which befell Fernand M. Phily, deceased employee of Seabreeze Industries, Inc., did not arise out of and in the course of the employment, controverted the claim for dependency benefits brought pursuant to section 440.16, Florida Statutes, F.S.A., on behalf of the widow and three minor children of the deceased. By order rendered December 10, 1958, the deputy commissioner denied the...

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