Gorman-Gammil Drug Co. v. Watkins
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by J. D. Watkins against the Gorman-Gammil Drug Company for damages for the death of a cow resulting from the furnishing of common salt where Epsom salts had been applied for. Judgment for plaintiff .and defendant appeals.
1Opinion of the CourtSomerville, J.
The appellee, a dairyman, sued the appellant, a druggist, in an action on the case for negligently delivering to plaintiff five pounds of common salt in lieu of five pounds of Epsom salts, as ordered, which, as alleged, proximately caused the death of plaintiff’s cow to which he administered a dose of it— two pounds, as the evidence shows. Defendant pleaded the general issue and a special plea of contributory negligence.
Whether or not defendant was guilty of error or negligence in supplying plaintiff with an article radically different in fact from the article ordered, and whether or not that…
2Cited by3 opinions
- Johnson v. PrimmNew Mexico Supreme Court · 1964
- Corona Coal Co. v. SextonAlabama Court of Appeals · 1925
- Watkins v. PottsSupreme Court of Alabama · 1929