JOHNSON DRUG COMPANY v. THAXTON


121 So.2d 158 (1960)

JOHNSON DRUG COMPANY and Fidelity & Casualty Company of New York, Petitioners, v. John W. THAXTON, Deceased, Erna E. Thaxton, Widow, and the Florida Industrial Commission, Respondents.

Supreme Court of Florida.

On Rehearing June 10, 1960.


Attorney(s) appearing for the Case

Rodney Durrance and Calvin A. Pope, of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for petitioners.

William R. McCown, Tampa, for respondent Erna E. Thaxton, widow.

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


O'CONNELL, Justice.

The claimant, respondent here, is the widow of the deceased employee, John W. Thaxton. She made claim for death benefits, alleging that her husband died as a result of radical surgery necessitated by a hernia, which he sustained while working for one of the petitioners, Johnson Drug Company. The deputy commissioner, affirmed by the full commission, ruled in her favor, whereupon the employer and its carrier have petitioned this Court for review...

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