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Osborne v. McMasters
Supreme Court of Minnesota
41 N.W. 543 (Minn. 1889)
A clerk employed at a drug store owned by McMasters (defendant) sold to the intestate of Osborne (plaintiff) a bottle of poison. The bottle was not labeled as such, and Osborne’s decedent ingested it without knowing it was poison. She died. Osborne brought suit against McMasters for negligence on the ground that he violated a statute requiring warning labels to be placed on all poisonous substances. The trial court granted judgment for Osborne, and McMasters appealed.
Rule of Law
Holding and Reasoning (Mitchell, J.)
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