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TOMLINSON v. WILSON & TOOMER FERTILIZER COMPANY

No. 4045.

165 So.2d 801 (1964)

William Henry TOMLINSON, Appellant, v. WILSON & TOOMER FERTILIZER COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida. Second District.

June 26, 1964.

Attorney(s) appearing for the Case

Lefferts L. Mabie, Jr., and Val R. Patarini, Wauchula, for appellant.

Stephen H. Grimes and Helen C. Ellis, of Holland, Bevis & Smith, Bartow, for appellee.

SHANNON, Acting Chief Judge.

The plaintiff filed his complaint against the defendant in a negligence action, and the trial court sustained the defendant's motion to dismiss.

The defendant company had delivered a trailer load of fertilizer alongside a loading platform of the plaintiff's employer. The plaintiff, with a helper, was unloading the trailer. He had loaded seven (7) one hundred (100) pound bags of fertilizer onto a hand truck that he was using and...

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