87 Iowa 261 | Iowa | 1893
The plaintiff claims that in April, 1890, he purchased of the defendant, a registered pharmacist, two ounces of spirits of niter; that the defendant carelessly and negligently gave him, instead, two ounces of carbolic acid in a bottle labeled “Spirits of Niter;” that, relying upon the proficiency of the defendant as a pharmacist,- and without negligence on his own part, he administered to his mare a part of the contents of the said bottle, from the effects of which she died. In an amendment to his petition, he avers that he took an empty bottle to defendant, which was then labeled “Spirits of Niter,” and in which the defendant was to. put niter, but negligently filled it with carbolic acid. The other allegations are the same as in the original petition. The defendant denied every allegation, except that he was a registered pharmacist, and kept a drug store, and averred that the injury was caused by the plaintiff’s own negligence.
II. The defendant, on cross-examination of the plaintiff’s father, sought to contradict the plaintiff’s testimony touching the label on the bottle which he claimed the defendant filled with carbolic acid. The witness, in his examination in chief, said nothing touching the matter sought to be inquired into on cross-examination. In any event, the defendant was not prejudiced by the court’s ruling, as he might thereafter have called the witness on his own behalf, as to the matter about which he was seeking information.
V. Other errors are assigned, which we do not deem well taken. It is also urged that the verdict is against the evidence. As the cause must be reversed, and the evidence on a retrial may not be the same, we can not discuss the question as to whether the evidence sustains the verdict.
For the errors pointed out, the case is eeveesed.