Cody v. Toller Drug Co.

On June 25, 1939, appellee, then a railroad yardmaster, consulted Dr. Sibley, who gave him a written prescription for a tonic in capsule form to be taken internally four times a day. Appellee took the prescription to appellant’s drug store to be filled. He claims appellant negligently included in the capsules “atropine, a poisonous and injurious drug not called for in said prescription.” Appellant maintains the prescription was correctly filled. Upon this appeal, appellant’s principal contention is that the evidence is insufficient to show the capsules contained atropine.

Appellee took a…