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NUTT v. JAMES CITY, INC.

Nos. 63-257, 63-481.

162 So.2d 700 (1964)

Adele NUTT, Appellant, v. JAMES CITY, INC., a corporation, Giffin Industries, Inc., a corporation, Miami Super Cold Co., Inc., a corporation, and Kirbytuttle Co., a corporation, Appellees. MIAMI SUPER COLD CO., Inc., a corporation, Appellant, v. Adele NUTT, James City, Inc., a corporation, and Giffin Industries, Inc., a corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 21, 1964.

Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence and Alan R. Schwartz, Miami, for Adele Nutt.

Raphael K. Yunes, Miami Beach, for Giffin Industries.

Curry & Shamas, Miami, for Miami Super Cold Co.

Dean Adams & Fischer, Miami, for James City, Inc.

Before CARROLL, HORTON and HENDRY, JJ.

HENDRY, Judge.

We have two appeals which have been consolidated. We shall consider both of them together and deal with both of them in this opinion.

Mrs. Adele Nutt suffered physical injuries when an air conditioning duct fell upon her on February 22, 1960 while she was shopping in the James City Super Market in Miami, Florida.

The air conditioning duct in question was installed in 1954 for James City, Inc., by Giffin Industries as sub-contractor for...

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