Honore Martin v. Anthony R. Theockary

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 com-pensable 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 of the Florida Workmen’s Compensation Law, is injured or killed in the course of his employment by the negligence or wrongful act of a third…