Burgess v. Sims Drug Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, J udge. The defendants, W. D. Sims and George 0. Sims, are sited, as partners doing business under the firm name of the Sims Drug. Company, to recover damages for injury alleged to have resulted te plaintiff from the negligence of defendants in putting up a prescription of medicine to be used in plaintiff’s eye, the use of which resulted in injury to the eye and loss thereof.
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Appeal from Polk District Court. — Hon. C. P. Holmes, J udge. The defendants, W. D. Sims and George 0. Sims, are sited, as partners doing business under the firm name of the Sims Drug. Company, to recover damages for injury alleged to have resulted te plaintiff from the negligence of defendants in putting up a prescription of medicine to be used in plaintiff’s eye, the use of which resulted in injury to the eye and loss thereof. Defendants deny the negligence alleged, and aver that the prescription complained of was filled by a skilled, competent, and duly-registered pharmacist in their…
1Opinion of the CourtMcClain, J.
*2771 *2782 *276I. Appellants contend that, having employed a skillful, registered pharmacist, they are not liable *277for Bis negligence, if any there was, in filling the prescription, and cite as illustrations cases in which it has been held that a railroad company contracting with an employe to furnish surgical aid and attendance in case of accident was not liable for the negligent acts of the surgeon thus selected and furnished, if due care and diligence was used in the selection, Maine v. Railroad Co., 109 Iowa, 260, and that a bank to which a draft is sent for collection is not liable for the negligence…
2Cases cited15 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- McConnell v. City of OsageSupreme Court of Iowa · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. HastingsCourt of Appeals of Iowa · 1990
- Harrison v. StateCourt of Appeals of Maryland · 1975
- Novak v. RathnamIllinois Supreme Court · 1985
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- Johnson v. KinneySupreme Court of Iowa · 1942
36 more not listed; retrieve them via the Exa API.