Tombari v. Connors
Supreme Court of Connecticut
Action to recover damages for illness caused by the alleged negligent mistake of the defendant’s drug clerk in filling a physician’s prescription, brought to and tried by the Court of Common Pleas in Hartford County, Peck, J.; facts found and judgment rendered for the plaintiff for $160, and appeal by the defendant.
1Opinion of the CourtRoraback, J.
This action is against a druggist for the negligence of a clerk employed by him in filling a prescription. The prescription, as intended by the doctor who wrote it, called for powders to be taken three times a day, each one containing five grains of calumba, with other ingredients. The drug clerk who compounded the prescription substituted calomel for calumba. The defendant denied the negligence alleged in the plaintiff’s complaint, and also based his defense upon the allegation that his clerk was a duly licensed pharmacist. The Court of Common Pleas found the issues for the plaintiff, and…
2Cases cited7 opinions
- Burgess v. Sims Drug Co.Supreme Court of Iowa · 1901
- McKiernan v. LehmaierSupreme Court of Connecticut · 1911
- Blackwell v. Central Vermont Railway Co.Supreme Court of Connecticut · 1906
- Tremblay v. KimballSupreme Judicial Court of Maine · 1910
- Smith's Admx. v. MiddletonCourt of Appeals of Kentucky · 1902
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3Cited by6 opinions
- Matulis v. GansSupreme Court of Connecticut · 1928
- Pysz v. Henry's Drug StoreDistrict Court of Appeal of Florida · 1984
- People's Service Drug Stores, Inc. v. SomervilleCourt of Appeals of Maryland · 1932
- Fort Wayne Drug Co. v. FlemionIndiana Court of Appeals · 1931
- Jones v. Walgreen Co.Appellate Court of Illinois · 1932
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