Gibson v. Torbert
Supreme Court of Iowa
Appeal from Dubuque District Oourt. — Hon. Fred O’Donnell, Judge. ■ Action at law to recover damages for a personal injury álleged to have been caused by tbe defendants negligence. A demurrer to tbe petition was sustained, and tbe plaintiff appeals.
1Opinion of the CourtSherwin, J.
In his petition tbe plaintiff alleges: That be is a man of middle age and of very limited education, and that at tbe time of tbe transaction in question be was, and always bad been, ignorant of tbe character and properties of phosphorus. That tbe defendant was a wholesale druggist, dealing in phosphorus, and possessed of scien-
1 tific knowledge of, and was perfectly familiar with, its character and properties. That said drug in its commercial form is but little used, and its nature and properties are not generally known to tbe public. That *165in such form it is a highly drastic, corrosive, and…
2Cases cited11 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Osborne v. McMastersSupreme Court of Minnesota · 1889
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
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3Cited by7 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Parker v. StateNew York Court of Claims · 1951
- Pysz v. Henry's Drug StoreDistrict Court of Appeal of Florida · 1984
- Read Phosphate Co. v. VickersCourt of Appeals of Tennessee · 1930
- Fuhs v. BarberSupreme Court of Kansas · 1934
2 more not listed; retrieve them via the Exa API.