# Fidelity Casualty Co. of New York v. Moore

> Supreme Court of Florida · May 21, 1940 · 143 Fla. 103

URL: https://www.frixlaw.com/law-library/cases/3389345

## Case

- **Full name:** The Fidelity & Casualty Company of New York and Lee Motors of Fort Myers, Inc., v. Mrs. Charles S. Moore, Jr.
- **Court:** Supreme Court of Florida
- **Decided:** May 21, 1940
- **Citations:** 143 Fla. 103; 196 So. 495; 1940 Fla. LEXIS 1163
- **Precedential status:** Published
- **Opinion:** Dissent by Buford
- **Judges:** Terrell, Chapman, Whitfield, Brown, Thomas, Buford
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3389345

## How later opinions describe it (automated extraction)

- holding that generally, “the injury must occur within the period of the employment”

## Opinion text

Buford, J.
(dissenting). — It is my opinion that when Moore was taking his wife home he was.not on his employer’s business but, having taken his wife home he there ended his personal mission and when he started back to his employer’s place of business to fulfill his obligation to his employer, he was from that moment on his employer’s business in the discharge of the duty which he was obligated to perform.
It was not necessary to return to the employer’s place of business except for the purpose of discharging the duty to his employer which he was obligated to discharge.
It was his personal duty to take his wife home because of her then condition. He could have stayed at home with her in disregard of his duty to his employer. He did not
*108
do that but chose to discharge his duty to his employer and attending to his employer’s business. I think the award should be affirmed.
Chapman, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3389345. Public record. Not legal advice.