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NESS v. H. M. ILTIS LUMBER COMPANY

No. 50922.

128 N.W.2d 237 (1964)

Howard M. NESS, by his father and next friend Joseph Ness, and Joseph Ness, Appellants, v. H. M. ILTIS LUMBER COMPANY, Appellee.

Supreme Court of Iowa.

May 5, 1964.

Attorney(s) appearing for the Case

Austin, Grefe & Sidney, and Putnam, Putnam & Putnam, Des Moines, for appellants.

Duncan, Jones, Hughes, Riley & Davis, Des Moines, for appellee.

GARFIELD, Chief Justice.

This is a law action in two counts to recover for loss of the right eye of Howard Ness, age six, who was struck in the eye by a row of staples ejected from a Bostitch stapler a carpenter named Smith was using to attach tile to the ceiling of the Ness home. Defendant H. M. Iltis Lumber Co. sold the tile and staples and furnished the stapler for use in attaching the tile. The first count is brought by the boy's father as next friend to recover...

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