Daniels v. Dick

Citations

• 95 Kan. 72
• 147 P. 845
• 1915 Kan. LEXIS 170

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Personal Injuries — Mistake in Compounding Medical Prescription — Arsenical and Strychnine Poisoning — Expert Evidence Not Conclusive. In an action against druggists to recover damages for injuries alleged to have been caused by a mistake in compounding a medical prescription it is held that the expert evidence does not conclusively show that the injuries complained of did not result from arsenical and strychnine poisoning.</p> <p>2. Same — Refusal to Give Requested Instruction Relative to Burden of Proof, Error. In this case the instructions, aside from those defining the issues as raised by the pleadings, were quite general and contained mere abstract propositions of law applicable to,any case of negligence. Held, that under all the circumstances of the case it was error to refuse to give an instruction requested by defendants to the effect that the burden of proof was upon the plaintiff to establish by a preponderance of the evidence that the capsules submitted by her to the expert witnesses for chemical analysis were identical with and of the same lot purchased from the defendants, and that the capsules had not been tampered with nor in any manner changed, and that unless the jury so found, the plaintiff was not entitled to recover.</p>