Edelstein v. Cook

In the trial court the issues were found by the jury in favor of the plaintiff, and there was ample evidence to sustain them, including the fact that the clerk of the defendants, when asked for a pound of Epsom salts, gave the plaintiff citric acid *348by inadvertence. The court charged the jury that if such action on the part of the clerk resulted from the negligence of the latter in the dispensing of such drug, the plaintiff could recover. This was an action ex delicto> the gist whereof is negligence. If it was true, as charged in the petition, that the defendants sold and delivered citric…