Flynt v. Rightmeyer

Motion for new trial and to set aside a verdict in favor of defendant in an action against a chemist, from whom plaintiff ordered one ounce of bicarbonate of potassium and received instead bichromate of potassium, a deadly poison, through the *693alleged negligence of defendant, which resulted in the death of her husband.

The court was asked to charge “ that if he misunderstood that the preparation she was ordering was a deadly poison that in the exercise of reasonable care it was necessary for him to inquire as to the use she desired to put the preparation to.” And after colloquy with the court…