Gwynn v. Duffield
Supreme Court of Iowa
Appeal from Page Circuit Court. The defendants are partners engaged in business as apothecaries. The plaintiff brings this aption to recover of them $5,000, as damages alleged to have been sustained by reason of" their negligence as apothecaries. They pleaded a general denial. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendants appeal.
1Opinion of the CourtAdams, J.
— The injury was caused by reason of the plaintiffs taking an overdose of belladonna. He went into the defendants’ drug store and helped himself to what he supposed was a dose of the extract of dandelion; unfortunately the jar from which he helped himself contained belladonna, and what he took was an overdose of that drug. He avers that the defendants sold him the .dose in question for the extract of dandelion. . He also avers that they gave it to him for the extract of dandelion, and also that he took it under their direction, and under their representation that it was the extract of…
2Cases cited2 opinions
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
- Weymire v. WolfeSupreme Court of Iowa · 1879
3Cited by2 opinions
- Martin v. Bartell Drug Co.Washington Supreme Court · 1930
- Martin v. Bartell Drug Co.Washington Supreme Court · 1930