HENDRY, Judge.
The plaintiff, Rene Vincent Rodriguez, appeals a final summary judgment in favor of the defendant, Shell's City, Inc. On May 27, 1958, plaintiff was severely injured when a piece of a hard rubber disk, which was part of a sanding kit, disintegrated and flew into his eye. The sanding device had been purchased very shortly before the accident by the plaintiff's brother, Luis Rodriguez, from the defendant, Shell's City, Inc., a large department store and...
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