OSBORNE V. McMASTERS
Sup. Ct. of Minn., 40 Minn. 103, 41 N.W. 543 (1889)
NATURE OF THE CASE: In a negligence action, McMasters (D), drug store, sought review of a
decision in which a verdict was rendered for Osborne (P) administrator.
FACTS: Osborne's (P) intestate bought a deadly poison from McMasters' (D) drugstore clerk
that was not properly labeled as required by statute. P took some of the poison and she
died. P's sued; the statute imposed a duty and a failure to comply was negligence. D
counterclaimed; no common law duty to label poison existed and that any failure to label
according to the statute was not conclusive evidence of negligence. Judgment was given to P
and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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