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Torts Keyed to Prosser
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Osborne v. McMasters
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A clerk working in the Defendant’s drug store sold an unlabeled bottle of poison to the Plaintiff, Osborne’s (Plaintiff) wife. Not knowing that the drug was poisonous, the Plaintiff’s wife took the drug and died. By statute the clerk was required to label the drug as poison and by failing to do so, he broke the law.
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