Smith's Admx. v. Middleton
Court of Appeals of Kentucky
Case 67. — Action to Recover Damages for the Death of Plaintiff’s Intestate — APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiff for only part of what she claims and she appeals.
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Case 67. — Action to Recover Damages for the Death of Plaintiff’s Intestate — APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiff for only part of what she claims and she appeals. The mother of Charles Earl Smith in Nov. 1900, called at appellee’s drug store in Shelbyville, Ky., and asked for a quarter’s worth of calomel, at the same time giving one of defendant’s employes a box marked ■ calomel, with 25 cents in it, and the employe by mistake put morphine in the box instead of calomel. The mother the day after administered three doses of this morphine to her son believing that it was…
1Opinion of the Court
Opinion of the court by
JUDGE -O’REAR —
Reversing.
Appellee was a druggist at Shelbyville. He had besides himself, in charge of his store, a licensed pharmacist, and two other salesmen who were not licensed pharmacists. Charles Earl Smith was an infant aged about four years. His mother and her sister called at appellee’s drug- store With an ordinary pill box bearing a label, besides the druggist’s name, as follows: “l/}. grain calomel.” They 'handed this box-to one of appellee’s clerics, — one who was not a pharmacist, — and asked him to furnish in the box 25 cents Worth of calomel .in…
2Cited by11 opinions
- Adler v. MartinSupreme Court of Alabama · 1912
- Continental Insurance Companies v. HancockCourt of Appeals of Kentucky (pre-1976) · 1974
- Keck v. WackerDistrict Court, E.D. Kentucky · 1976
- Birmingham Railway, Light & Power Co. v. ChastainSupreme Court of Alabama · 1908
- Brown McClain Transfer Co. v. Major's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1933
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