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SOUTHERN PINE EXTRACTS COMPANY v. BAILEY

75 So.2d 774 (1954)

SOUTHERN PINE EXTRACTS COMPANY, a corporation, Appellant, v. James BAILEY, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied October 27, 1954.

Attorney(s) appearing for the Case

Caldwell, Parker, Foster & Wigginton, Tallahassee, for appellant.

Bates, Lowry & Keeter, Scruggs & Carmichael and J.R. Lowry, Gainesville, for appellee.

MATHEWS, Justice.

The appellee lost an eye from the use of dynamite in splitting stumps which he sold to the appellant. The appellee was an independent contractor. The appellant bought dynamite caps and fuses which it sold to the appellee with knowledge of its quality and strength.

The complaint, among other things, contained the following:

"That because of the nature of the operations performed by...

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