JOHN D. RANKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1967-04-19
No. 7320
ALLEN, C. J., and LILES and PIERCE, JJ-, concur.
197 So. 2d 545 Florida District Court of Appeal, Second District (1967) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed under authority of Murray v. State, Fla.App.1965, 172 So.2d 487; Smith v. State, Fla.App.1965, 175 So.2d 243; Carey v. State, Fla.App.1965, 176 So.2d 603; Cole v. State. Fla.App.1966, 181 So.2d 698; Brown v. State, Fla.App.1964, 164 So.2d 34; Smith v. State, Fla.App.1965, 180 So.2d 675; Johnson v. State, Fla.App.1966, 181 So.2d 667, and Ogilvie v. State, Fla.App.1966, 181 So.2d 710.

We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 31 F.S.A.

ALLEN, C. J., and LILES and PIERCE, JJ-, concur.


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    …ons to broader categories of persons, such as prospective or potential customers (Matthews v. Lawnlite Co., supra; McCarthy v. Florida Ladder Co., 295 So. 2d 707 (Fla.App. 2d 1974)); employees of purchasers (Barfield v. Atlantic Coastline R. R. Co., 197 So. 2d 545 (Fla.App. 2d 1967)). In Toombs v. Fort Pierce Gas Co., 208 So. 2d 615, 617 (Fla.1968), the Court designated the product (propane storage gas) as falling within the dangerous instrumentality exception, saying: “The inherently dangerous instrumentali…
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    …by a consumer against a manufacturer for breach of implied warranty of a product whether inherently dangerous or not, Lily-Tulip Cup Corporation v. Bernstein, Fla. 1966, 181 So. 2d 641; Barfield v. Atlantic Coast Line Railroad Company, Fla.App.1967, 197 So. 2d 545, but this rule has not been extended to owners or distributors of commodities which are not inherently dangerous. Toombs v. Fort Pierce Gas Co., supra, involved an action brought by bystanders and others against the owner of a propane gas tank which…
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    …. . it is enough that the injured person be one of those reasonably intended to use the machine, and that when the injury occurred, the machine was being used generally in the manner intended.” See also Barfield v. Atlantic Coast Line Railroad Co., 197 So. 2d 545 (Fla.App.1967) ; Manheim v. Ford Motor Co., 201 So. 2d 440 (Fla.1967). . The type of bailment with which we are concerned here has been classified as a bailment locatio operis faciendi, or hiring of work or labor upon a thing. 8 Am.Jur.2d, Bail-men…

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