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SMITH v. NUSSMAN

No. 63-42.

156 So.2d 680 (1963)

Richard SMITH, a minor, by and through his father and next friend, Olvin J. Smith, and Olvin J. Smith, individually, Appellants, v. Herbert NUSSMAN, d/b/a Herbert's 5 & 10 Department Store, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 22, 1963.

Attorney(s) appearing for the Case

Donald F. March, Miami, for appellants.

Aronovitz, Silver & Scher, Miami, for appellee.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.

HORTON, Judge.

The appellants were plaintiffs below and have appealed a final order dismissing their complaint with prejudice.

The appellants alleged in the alternative that the appellee had violated §§ 790.17, 790.18, Fla. Stat., F.S.A., and City of Miami Code # 67-3,1 by selling a sling shot to one Bruce Thompson, aged thirteen; that while playing with Thompson, the minor appellant was struck in the eye with a stone...

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