Osborne v. McMasters

Supreme Court of Minnesota, 1889.

40 Minn. 103, 41 N.W. 543.

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.


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