Martin v. Bartell Drug Co.

Holcomb, J.,

(dissenting) — The rule followed by the majority, that a druggist is negligent who furnishes a harmful article instead of one not so harmful ordered by a customer, and that the rule as to an original package sale by a druggist has no application in this case, is correct, and is sustained by overwhelming authority. But there is more in this case than that.

Some most important facts are not mentioned in the prevailing opinion and referred to only in a very general way.

Both these compounds .are anthelmintic in effect. Neither is highly poisonous. Either is more toxic in effect when…