Tremblay v. Kimball
Supreme Judicial Court of Maine
On motion by defendant. Action on the case to recover damages for the alleged failure of duty on the part of the defendant, a registered apothecary, in filling a physician’s prescription by substituting corrosive sublimate tablets for chlorodyne tablets.
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On motion by defendant. Action on the case to recover damages for the alleged failure of duty on the part of the defendant, a registered apothecary, in filling a physician’s prescription by substituting corrosive sublimate tablets for chlorodyne tablets. The declaration in the plaintiff’s writ states the case as follows: "For that the said defendant on the'eighth day of May A. D., 1909, at East Livermore in the County of Androscoggin in the State of Maine, was employed as a duly registered apothecary in a drug-store, and had sole charge of compounding, putting up and dispensing drugs and…
1Opinion of the CourtWhitehorse, J.
The plaintiff recovered a verdict of $1400 for an alleged failure of duty on the part of the defendant, who was a registered apothecary employed by the Hamel Brothers in their drug store at Livermore Falls, and in that capacity filled a physician’s *56prescription for the plaintiff calling for chlorodine tablets by substituting corrosive sublimate tablets containing about 7.3 grains of bichloride of mercury and-7.3 of muriate of ammonia. One grain of this mixture was sufficient to cause death. Neither of the Hamel Brothers was a registered apothecary or pharmacist, and the sole responsibility of…
2Cases cited4 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
- Small v. HowardMassachusetts Supreme Judicial Court · 1880
- Brown v. MarshallMichigan Supreme Court · 1882
3Cited by12 opinions
- Hughes v. MaloneCourt of Appeals of Georgia · 1978
- Berman v. RubinCourt of Appeals of Georgia · 1976
- Walter v. Wal-Mart Stores, Inc.Supreme Judicial Court of Maine · 2000
- McBride v. HuckinsSupreme Court of New Hampshire · 1911
- Tiedje v. HaneySupreme Court of Minnesota · 1931
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