Wilson v. Massengill

MARTIN, Circuit Judge.

This civil action for death by wrongful act committed in South Carolina was brought in the United States District Court for Eastern Tennessee against appellee, a resident of Tennessee, by appellant, a resident of South Carolina, as administrator of a decedent who resided in the latter state at the time of her death.

The complaint charged that the wrongful acts causing death were the negligent manufacture and distribution by appellee, under the label “Elixir Sulfanilamide,” o'f a deadly poison, which was consumed by appellant’s decedent in doses prescribed by a physician.

Th…