Norton v. Sewall
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Thomas Norton. The declaration alleged “ that the defendant, on or about August 19, 1869, was, and for a long time prior thereto had been, an apothecary in Boston, engaged in the selection, preparation, compounding and sale of drugs and medicines, and held himself out to the public as possessed of the requisite care, skill and knowledge to safely prosecute said business ; that, on said August 19, Charles S, Patten applied to the…
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Tort, by the administratrix of the estate of Thomas Norton. The declaration alleged “ that the defendant, on or about August 19, 1869, was, and for a long time prior thereto had been, an apothecary in Boston, engaged in the selection, preparation, compounding and sale of drugs and medicines, and held himself out to the public as possessed of the requisite care, skill and knowledge to safely prosecute said business ; that, on said August 19, Charles S, Patten applied to the defendant for a certain quantity of the tincture of rhubarb, a well known, simple and harmless medicine, with the intent…
1Opinion of the CourtGray, J.
Upon the allegations in the declaration, and the statements in the bill of exceptions, the jury must be taken to have found that the defendant, an apothecary, by Ms servant, negligently sold, as and for tincture of rhubarb, (a well known and harmless medicine,) two ounces of laudanum, a dangerous and deadly poison, to Patten, who procured it for the purpose of admimstering it, and did administer one ounce of it, as a me dicine, to his servant, the plaintiff’s intestate, from the effects of which he died. This finding includes a violation of duty on the part of the defendant, and an injury…
2Cases cited1 opinion
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
3Cited by64 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
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