Wilson v. John B. Orr, Inc.

(concurring in affirmance). — The declaration does not allege that plaintiff, a carpenter, was inexperienced or otherwise unable to comprehend that conditions might exist with respect to the boards he was furnished to nail on, that would likely lead to the happening that occurred, namely, that in attempting to drive a nail in an unyielding part of one of the boards it might fly, when struck, into plaintiff’s eye. Matters of this kind, appearing on the face of a declaration, render it demurrable. Long v. Pughsley, 80 Fla. 278, 85 So. 664. In this case, the casual connection between the mere…