Martin v. Manning

Edna May Manning, a minor four years of age, by her next friend, her father, sues B. M. Martin and Jack Martin, partners doing a drug business, for damages for negligently filling a prescription for her eyes, which called for harmless medicine, with a medicine that was harmful and injurious, and avers as a proximate consequence her eyes were injured. There was judgment for plaintiff, and the defendants appeal.

There are three counts in the complaint. Demurrers to each count were overruled by the court. Count 3 went out under ■ the charge of the court. Counts 1 and 2 were submitted under pleas…