Osborne
v. McMasters
Supreme
Court of
40
Prosser,
pp. 200-201
Facts: A clerk in the defendant’s
drug store sold unlabeled poison to the plaintiff’s intestate, killing
her. The plaintiff sued for negligence
and won. The defendant appeals.
Issue: Do the defendant’s clerk’s
actions constitute negligence per se?
Rule: When a statute imposes a
specific duty to protect others, a person who breaches this duty will be liable
for negligence.
Analysis:
Conclusion: The judgment was affirmed.