Osborne v. McMasters
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Bamsey county, where the action was tried before Kelly, J., and a jury, and a verdict rendered for plaintiff.
1Opinion of the Court
Mitchell, J.1
Upon the 1-ecord in this case it must be taken as the facts that defendant’s clerk in his drug-store, in the course of his employment as such, sold to plaintiff’s intestate a deadly poison without labelling it “Poison,” as required by statute; that she, in ignorance of its deadly qualities, partook of the poison, -which caused her death. Except for the ability of counsel and the earnestness with which they have argued the case, we would not have supposed that there could be any serious doubt of defendant’s liability on this state of facts. It is immaterial for present purposes…
2Cases cited1 opinion
- Bott v. PrattSupreme Court of Minnesota · 1885
3Cited by69 opinions
- Pacific Indemnity Co. v. Thompson-Yaeger, Inc.Supreme Court of Minnesota · 1977
- Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
- Schell v. DuBoisOhio Supreme Court · 1916
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- Talley v. Danek Medical, Inc.Court of Appeals for the Fourth Circuit · 1999
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