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O'DWYER v. MANCHESTER INSURANCE COMPANY

Nos. 74-116, 74-117.

303 So.2d 347 (1974)

Paul O'DWYER, As Father and Next Friend of Theresa O'Dwyer, a Minor, et al., Appellants, v. MANCHESTER INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 10, 1974.

Attorney(s) appearing for the Case

James O. Nelson, Talburt, Kubicki & Bradley and James K. Clark, Miami, for appellants.

Kuvin, Klingensmith & Coon and R. Fred Lewis, Coconut Grove, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

HENDRY, Judge.

By this consolidated appeal, appellants seek review of an order of dismissal of the appellee insurance company.

The salient facts of this case reveal that Theresa O'Dwyer, five years old at the time of her accident, entered the premises owned by the Sparkmans and leased to one, John E. Grant, on Halloween night, 1972. The young girl was "trick-or-treating." While on the premises, Theresa injured her eye when she struck a protruding bolt which...

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