[DOWNLOAD] "Miami Roofing & Sheef Metal Co. v. Kindt" by Division A. Supreme Court of Florida * eBook PDF Kindle ePub Free

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eBook details

• Title: Miami Roofing & Sheef Metal Co. v. Kindt
• Author : Division A. Supreme Court of Florida
• Release Date : January 21, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The plaintiff, appellee here, brought a common-law action for damages against the defendant-appellant, his cause of action being stated as follows: "On or about September 2, 1947, the defendant, Miami Roofing & Sheet Metal Co., Inc., a corporation, was engaged in performing roofing services upon a house located in the vicinity of Northwest 15th Avenue and 100th Street, Miami, Dade County, Florida, at which time and place the plaintiff was an invitee, performing painting and decorating service. At said time and place the defendant, by and through its employees, who were then and there acting within the scope of their employment, carelessly and negligently transferred from a truck, loaded and stored on the roof of said house, bundles of roofing material, whereby one of said bundles of roofing material fell upon the head of the plaintiff, who was then and there lawfully upon the said premises in pursuance of his duties. At said time and place the said bundles of roofing material were in the sole control of the defendant, acting by and through its employees as aforesaid." The declaration then alleged the injuries sustained by plaintiff as a result of the aforementioned acts of defendants employees. The defendant demurred to the declaration on the ground that it affirmatively appeared therein that plaintiff and defendant, its agents, servants and employees, were engaged in a common employment, and that the action could not, therefore, be maintained, since defendant was not a "third person" within the meaning of the Florida Workmens Compensation Act, Chapter 440, Florida Statutes, same F.S.A. This demurrer was overruled, whereupon defendant filed several pleas, alleging, among others, that at the time plaintiff was injured, he was employed by Terrys Painting and Decorating Service, which was a subcontractor acting under a general contractor on the construction project, and that the defendant was also a subcontractor under this same general contractor; and that, therefore, the defendant was not a "third person" against whom a common-law action for damages could be maintained.

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