West v. Emanuel
West v. Emanuel
Opinion of the Court
At the close of the plaintiff’s case and on motion of the defendant, the court entered a compulsory nonsuit, which on application of the plaintiff, it refused to take off. As the evidence introduced by the plaintiff failed to establish or disclose a cause of action against the defendant, the nonsuit was properly entered. The Kohler headache powders were in demand at least
Judgment affirmed.
Reference
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- Status
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- Syllabus
- Negligence—Druggist—Headache powders—Proprietary medicines. In the sales of patent or. proprietary medicines furnished by the compounder of the ingredients which compose them, the druggist is not required to analyze the contents of each bottle or package he receives. If he delivers to the consumer the article called for witli the label of the proprietary or patentee upon it, he cannot be justly charged with negligence in so doing, and will not be liable for an injury'eaused by the preparation.