This section contains the nature of the case and procedural background.

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.

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