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SMITH v. MONTGOMERY WARD & CO.

No. 69-160.

232 So.2d 195 (1970)

William E. SMITH, Appellant, v. MONTGOMERY WARD & CO., Incorporated, an Illinois Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 23, 1970.

Attorney(s) appearing for the Case

Jackson O. Brownlee, Titusville, for appellant.

Hale Baugh of Driscoll & Baugh, Cocoa, for appellee.

CROSS, Chief Judge.

Plaintiff-appellant, William E. Smith, appeals from a final judgment entered pursuant to a jury verdict in favor of the defendant, Montgomery Ward & Co., Incorporated, in a cause of action in negligence for injuries sustained by the plaintiff when a fence display in defendant's store fell and knocked the plaintiff to the floor. We reverse.

On October 23, 1967, at approximately 2 o'clock in...

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