Morris v. Owen
Morris v. Owen
Opinion of the Court
In Morris v. Owen, ante, a husband was bringing suit for alleged damages to his wife’s health because of facts set out in the petition. The case at bar is a suit brought by the wife for damages allegedly resulting
Paragraph 7 reads: “That said prescription was refilled by the defendants without any new prescription therefor, and without said prescription being renewed. . .” By amendment the following was added to this paragraph of the petition: “That by the use of said drug, the same being habit forming, her will power and power to resist the same was destroyed to such an extent that she became addicted thereto and could not resist purchasing and using the same when it was sold to her.” It thus appears that the druggist sold habit-forming drugs to the defendant when she was beyond the pale of being able to determine and judge the possibilities of resulting damages to her health and mental powers. Consequently, the petition is not subject to general demurrer.
The court erred in sustaining the general demurrers and dismissing the petition. ■
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.