TAMIAMI GUN SHOP v. KLEIN

No. 58-383.

109 So.2d 189 (1959)

TAMIAMI GUN SHOP, a Florida corporation, Appellant, v. Raymond KLEIN, a Minor, by his father and next friend, Sidney B. Klein, and Sidney B. Klein, individually, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 13, 1959.


Attorney(s) appearing for the Case

Dixon, DeJarnette, Bradford & Williams and Charles A. Kimbrell, Miami, and M.R. Adkins, North Miami, for appellant.

Dubbin, Schiff, Berkman & Dubbin and Phillip Goldman, Miami, for appellees.


WIGGINTON, JOHN T., Associate Judge.

Defendant has appealed from a final judgment awarding damages for personal injuries sustained by the minor plaintiff. The errors assigned relate to the trial court's order striking the defense of contributory negligence or assumption of risk interposed by defendant, and the summary judgment on the issue of liability rendered in plaintiff's favor prior to trial.

The complaint alleges, inter alia, that defendant retail dealer...

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