Howard v. Jacobs' Pharmacy Co.

The present writ of error involves a petition brought by the plaintiff as a purchaser of a proprietary or patent medicine, against the manufacturer, Hitchcock Medicine Company, and the retailer, Jacobs’ Pharmacy Company, in which he seeks damages for certain alleged negligence of the defendants in furnishing to him such proprietary or patent medicine which was "old, aged, stale, worm-eaten, deleterious, and unfit” for use. It appears that the plaintiff went to the retail store of Jacobs’ Pharmacy Company, called for, and received a certain proprietary or patent medicine put up by Hitchcock…