Wood v. Bartholomew
Supreme Court of North Carolina
Civil action for damages, tried before Timberlake, J., and a jury at April Term, 1897, of Franklin Superior Court. The issues submitted were: 1. Was the death of the plaintiff’s intestate caused by the negligence of the defendants in selling podo-phyllin? 2. Did the decedent contribute, by her negligence, to her death? 3. What damage, if any, has the plaintiff sustained? The facts are summarized in his Honor’s charge which is referred to, with approval, in the opinion and…
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Civil action for damages, tried before Timberlake, J., and a jury at April Term, 1897, of Franklin Superior Court. The issues submitted were: 1. Was the death of the plaintiff’s intestate caused by the negligence of the defendants in selling podo-phyllin? 2. Did the decedent contribute, by her negligence, to her death? 3. What damage, if any, has the plaintiff sustained? The facts are summarized in his Honor’s charge which is referred to, with approval, in the opinion and which was as follows: £ ‘This is an action brought by the plaintiff against the defendants to recover damages, which he…
1Opinion of the Court
Eurches, J.:
The defendants are druggists, and the plaintiff, according to the finding of the jury, applied to them for rhubarb and they sold him podophyllin. This drug was given to his wife as rhubarb, from the poisonous effects of which she died. And this action is brought against the defendants for damages caused by their negligence in selling the plaintiff podophyllin for rhubarb. The defendants deny that they sold podo-phyllin for-rhubarb, and allege that if they did, and it was the cause of the death of the intestate, wife of plaintiff, still her death was caused by her own negligence…
2Cases cited3 opinions
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- White v. Suffolk & Carolina RailroadSupreme Court of North Carolina · 1897
- State v. . ShuleSupreme Court of North Carolina · 1849
3Cited by8 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Gwyn Harper Manufacturing Co. v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- Maddox v. BrownSupreme Court of North Carolina · 1950
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1901
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