Osborne v. Mcmasters Sup. Ct. Of Minn.,

40 Minn. 103, 41 N.W. 543 (1889)

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Nature of the Case

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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.