Hargrave v. Vaughn & Cumming

STAYTON, Chief Justice.

This action was brought by Hargrave against Vaughn and Gumming, who were partners engaged in the business of apothecaries, and against J. B. Smith, who was their clerk, to recover damages resulting from the fact that the clerk when a prescription was presented to him for medicine not poisonous or hurtful negligently put up and delivered to him a drug, not called for by the prescription, which was poisonous and hurtful, that was administered by appellant to his child, for whom the prescription was made by the physician, in ignorance of the fact that the medicine…