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2 Wkly L. Gazette 1 (1858)

handle is hein.journals/weelgaz2 and id is 1 raw text is: T I B WEEKLY LAW GAZETTE. EDITED BT 3. D. AND W. W. WARDEN. Now Series. CINCINNATI, SATURDAY, JUNE 5, 1858. Vol. 2-No. 1. DAMAGES FOR DEATH CAUSED BY iwas? Ifit was so written that it could 'WsONeUL ACT. not be leadily misiaken, it was the ob. prsaws cou0p? g, cuiln-UZ1.as 4005 SFZCKR. orligation of the druggist to put it UP ac- Icurately; and if lie did not, he would Admiisator of Mfcklrdy vs. Candle. be responsible for the evil conse- Judge Spencer charged the Jury. .quences. If the -Jury should find there The action was brought under an act as a want of proper care, they would of the Legislature, passed in 1851, en- nextdetermine whether the effects of tiling tbe personal represeAtatives of the mistake were injurious to the de- a deceased party, whose death was ceased and contributed to his death caused by the wrongful act or default It was not necessary to show the de- of another, to sue for damages on be- ceased, at the time the medicine was half of the widow and next of kin. It taken, was in the full vigor of life. appears that Neil McClardy being sick, The law regards life in any of its stagek a physician wrote a prescription for as valuable; at though an individual blhi--one of the ingredients being cin- should receive a wound of which death namon water-that it was taken to (he must be the enevitable and speedy drug store of defendant, and that in result, yet if it is hastened or contrib- making the preparation, he used liquid uted to by another, he would be res- ammonia in Le of the cinnamon ponsible for the consequences. Though It was claimed by plaintiff that the the deceased, in this case, was laboring death of McClardy resulted from the under a mortal disease, if this ammonia ammonia; while the defense urged it produced inflammation and thereby was the natural consequence of a can. shortened life, the circumstances would coerous affection of the stomach. bring the case within the provisions of The first question, therefore, under thestatute, and the defendant would the provision of the law was, whether be fesponsiblefor the shortening of life. the deceased had died in consequence If Oe Jury were not satisfied am- of any wrongful act of this defendars, monia caused the death, it would not and, under such circumstances, that, be necessary to pursue the inquiry. If he had not died, but was only in- Where an individual in apparent health jured, he, himself, could have recov- dies after the administration of a med- ered damages for that injury. Was icine adequate to produce death, it was his death the want of proper care on natural to refer the effect to that par- his own part? To charge carelessness ticular cause; but here the defendant on him in a case of thi.i description, it claimed. in the first place, that am- ahould be shown that he was a- monia administered in such a quantity quainted with the dangerous proper- as was given here, was not capable of tile of the medicine. Before finding producing death; and, in the second negligence on the part of defendant, place, that, at the time it was admin- they should inquire whether the pre- istered, the deceased was laboring un- ion itself was legibly written, so der a mortal disease-cancer in the a man with ordinary care, suit- stomach-and that, during the progress bble to the situation this defendant of the disease, a rupture took place, enoupled. would have known what it causing blood to lodge in the abdomen Digitized from Best Copy Available

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