West v. Emanuel
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1900, by-plaintiff, from order of O. P. No. 8, Allegheny Co., May T., 1899, No. 299, refusing to take off nonsuit in case of Mary E. West v. Louis Emanuel. Trespass to recover damages for the -death of plaintiff’s daughter.
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Appeal, No. 105, Oct. T., 1900, by-plaintiff, from order of O. P. No. 8, Allegheny Co., May T., 1899, No. 299, refusing to take off nonsuit in case of Mary E. West v. Louis Emanuel. Trespass to recover damages for the -death of plaintiff’s daughter. Before McClixng, J. At the trial it appeared that Edna West, a girl twenty years old, a daughter of plaintiff, on November 27, .1898, purchased from defendant a “Kohler’s Headache Powder” and'five hours after taking the-powder died apparently from the effect of it. It appeared from the evidence that Kohler’s Headache Powder was a proprietary…
1Opinion of the Court
Per Curiam,
At the close of the plaintiff’s case and on motion of the defendant, the court entered a compulsory nonsuit, which on application of the plaintiff, it refused to take off. As the evidence introduced by the plaintiff failed to establish or disclose a cause of action against the defendant, the nonsuit was properly entered. The Kohler headache powders were in demand at least *182twelve or fifteen years ago and from that time on they were to be found for sale in most, if not all, of the principal drug stores. They were recognized and regarded as an efficient and proper remedy for headaches…
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