Fowler v. Randall
Missouri Court of Appeals
Appeal from Jackson Oircnit Court. — Ho». John W. Henry, Judge. (1) It was not within the scope of the clerk’s authority, as an employee of Randall, to undertake to prescribe doses of morphine. “A druggist is one who compounds or prepares drugs according to medical prescriptions given by physicians.” Century Dictionary; Bishop on Non-Contract Law, sec. 716. (2) The failure to label the morphine “Poison” was not the proximate cause of death.
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Appeal from Jackson Oircnit Court. — Ho». John W. Henry, Judge. (1) It was not within the scope of the clerk’s authority, as an employee of Randall, to undertake to prescribe doses of morphine. “A druggist is one who compounds or prepares drugs according to medical prescriptions given by physicians.” Century Dictionary; Bishop on Non-Contract Law, sec. 716. (2) The failure to label the morphine “Poison” was not the proximate cause of death. The nature of the drug was known to deceased. Fisher v. Golladay, 38 Mo. App. 540; Ash-brook v. Company, 18 Mo. App. 290; Wohlfart v. Beckert, 92 N. Y.…
1Opinion of the CourtSmith, P. J.
George S. Randall, the defendant’s intestate, was a statutory druggist and pharmacist who owned and carried on a drugstore in which one Petrie, presumably' also a statutory druggist and pharmacist, was clerk. On an occasion when Randall was absent from his store and Petrie was in charge of it, the latter made a sale of morphine to Vehrlee Ashcraft, a girl about fourteen years old. It appears that the girl who lived in the second story of the house occupied by plaintiff’s wife was requested by the latter to go to a drugstore and purchase ten cents worth of morphine in doses. Accordingly the…
2Cases cited10 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Lenix v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Graney v. City of St. LouisSupreme Court of Missouri · 1897
- Butts v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
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3Cited by7 opinions
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- Brown v. H. K. Mulford Co.Missouri Court of Appeals · 1917
- Conrad v. John W. Graham & Co.Washington Supreme Court · 1909
- Meyers v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
- Campbell v. City of StanberryMissouri Court of Appeals · 1904
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