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DELTA OXYGEN COMPANY v. SCOTT

No. 5-3290.

383 S.W.2d 885 (1964)

DELTA OXYGEN COMPANY, Inc., Appellant, v. Tommy SCOTT, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 7, 1964.

Attorney(s) appearing for the Case

Smith, Williams, Friday & Bowen, by Boyce R. Love, Little Rock, for appellant.

Gordon & Gordon, Morrilton, for appellee.

McFADDIN, Justice.

Appellee Tommy Scott filed two actions against appellant, Delta Oxygen Company (hereinafter called "Delta"), seeking to recover damages for injuries he sustained while using Delta oxygen in his welding work. In one action Scott claimed that Delta was guilty of negligence which caused his injuries; and in the other action Scott claimed that Delta breached an implied warranty in regard to the oxygen. The two actions were consolidated for trial; the...

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