Osborne v. McMasters
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.
Conclusion: The judgment was affirmed.