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UNITED STATES CASUALTY CO. v. TOWN OF PALM BEACH

No. 1390.

119 So.2d 800 (1960)

UNITED STATES CASUALTY CO., for the Use and Benefit of Richard L. Cheston, Appellant, v. TOWN OF PALM BEACH, Florida, a Municipal Corporation, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 4, 1960.

Attorney(s) appearing for the Case

William H. Pruitt, Wallis E. Schulle and Earnest, Pruitt, Newell & Schulle, West Palm Beach, for appellant.

Samuel H. Adams, William A. Foster and Jones, Adams, Paine & Foster, West Palm Beach, for appellee.

ALLEN, Chief Judge.

The appellant, as plaintiff in the lower court, brought this action in its capacity as insurance carrier under section 440.39(4), Florida Statutes, F.S.A., to recover damages for injuries sustained by Richard L. Cheston. Cheston was seriously injured by a fall on the property owned and in the control of defendant city. At the time of the accident, Cheston was acting within the scope of his employment with Benton Weldong & Engineering Inc.,...

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