Boeck v. Katz Drug Co.

The opinion of the court was delivered by

Smith, J.:

This is an action by a minor by his next friend to recover damages alleged to have been sustained when a prescription for eserine was filled by one of the defendants with atropine and the atropine was used in the minor’s eyes according to the doctor’s prescription. Judgment was for the plaintiff. Defendants appeal.

After setting out the address of the parties and the incorporation of one of the defendants and that Breidenthal was employed by the company, the petition alleged that on August 31, 1935, plaintiff received a prescription for…