Tucker v. Graves
Alabama Court of Appeals
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by Henry M. Graves, against Arthur L. Tucker and others, individually and as partners, doing business under the firm name and style of Palace Pharmacy, for damages for personal injuries in the sale of drugs. Judgment for the plaintiff, and defendants appeal.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by Henry M. Graves, against Arthur L. Tucker and others, individually and as partners, doing business under the firm name and style of Palace Pharmacy, for damages for personal injuries in the sale of drugs. Judgment for the plaintiff, and defendants appeal. The first count alleges that the defendants were doing business as retail druggists and pharmacists in the town of Camp Hill, and that the plaintiff applied to them for paregoric, a safe and harmless medicine, and was waited upon by Arthur L. Tucker, who was acting…
1Opinion of the CourtSamford, J.
For convenience we will consider the assignments of error in the order in which they are presented in brief, confining the discussion to such points as are properly insisted upon.
[1-3] By the averments of the complaint, as amended, the defendants were members of a firm of merchants engaged in selling drugs to the public,. It was therefore the duty of the firm and of each individual thereof to see to it that in its dealings with the public its agents and emplees acted with due care and diligence in selling and dispensing the drugs which they, as a firm, were offering to the 'public for sale.…
2Cases cited5 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Brown v. MarshallMichigan Supreme Court · 1882
- Williams v. HendricksSupreme Court of Alabama · 1897
- Birmingham, Ensley & Bessemer R. R. v. StaggSupreme Court of Alabama · 1916
- Orr, Jackson & Co. v. PerryAlabama Court of Appeals · 1919
3Cited by10 opinions
- Krueger v. KnutsonSupreme Court of Minnesota · 1961
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Corona Coal Co. v. SextonAlabama Court of Appeals · 1925
- Highland Pharmacy, Inc. v. WhiteSupreme Court of Virginia · 1926
- Fort Wayne Drug Co. v. FlemionIndiana Court of Appeals · 1931
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