Taylor v. Fidelity & Casualty Co. of New York

ELLIS, Judge.

This workmen’s compensation suit was filed by Josh Taylor seeking an award for total and permanent disability from his employer’s insurer, The Fidelity and Casualty Company of New York. After a trial was had on the merits, judgment was rendered on behalf of the defendant insurance company dismissing plaintiff’s suit, with prejudice. Plaintiff then perfected a de-volutive appeal from this adverse judgment.

In the main, the facts are undisputed. During the cane grinding season in 1963, the plaintiff was employed by The South Coast Corporation to load bales of bagasse. This was…