61 Ga. 505 | Ga. | 1878
The following evidence, as abstracted for this court by the plaintiff in error, was introduced on the trial below :
L. G. Ray, the plaintiff, stated that his horse had the scratches in September, 1875, and that he went to the defendants’ drug-store in Cedartown, Ga., and called for some white lead and oil, and was told by Mr. Burbank, one of the defendants, that he did not have it. Witness turned and started out of the store; when he reached the door, Burbank called witness back, and said: “I have a prescription which is a sure cure for the scratches, furnished me by Joe Mann, and has been used by said Mann, Pool and others with success,” and upon this witness ordered the said Burbank to prepare the said prescription for witness ; he then proceeded to compound a prescription, the ingredients of which were unknown to witness, and after the said compound was prepared said Burbank gave the same to witness, and for which he paid the said defendants thirty-five cents; that the only persons present in said drug-store at the time of the above conversation between defendant, Burbank, and witness, were said Burbank, Henry C. King and witness; that after.the delivery of the compound so prepared by defendant, Burbank, to witness, he, witness, went imme
J. D. Enlow, sworn for plaintiff, stated that he knew said horse before the application of the compound by plaintiff for some time,, and that he was worth one hundred and fifty
A. Dougherty, sworn for plaintiff, stated that he knew said horse before the injury; that he treated said horse for the plaintiff, and that he was in a very bad condition when brought to his stable by plaintiff; that he corroborated plaintiff as to the condition of said horseabout the sloughing off of the ñesh and skin of his feet; that' he had kept livery stable for several years, and had considerable experience in treating horses for scratches and other diseases; that said horse was in the worst condition that he had ever seen one with the scratches; that in his treatment he never used anything on said horse but oil, and that oil or grease of any kind had a beneficial effect on scratches ; that the hire of a horse such as plaintiff’s before he was injured, was worth fifteen dollars per month, and the board of a horse was worth fifteen dollars per month, and that the last time he. saw said horse, just before this court, he had not recovered and was almost worthless.
T. G. W. McMeekin, sworn for plaintiff, stated that in the fall of 1876, he saw the plaintiff leading the horse to water; the horse’s legs were very much swollen, and in a bad condition ; did not think the horse worth anything at that time.
G. O. Green, sworn for plaintiff, stated that he saw the plaintiff make an application of medicine to his horse’s feet at his, witness’, house, and that when the medicine was applied it caused the smoke to rise, and had the appearance of being very severe, causing the horse to kick and jump around; witness advised plaintiff to quit the use of said medicire as it would ruin his horse, and when plaintiff léft his house the horse could scarcely travel.
Henry O. King, sworn for plaintiff, stated that he was in defendant’s drug store, in Cedartown, when a preparation
T. E. Burbank; sworn (or defendants, stated that he compounded said medicine for plaintiff by a prescription which had been previously furnished him by Joseph Mann, and that he had compounded the same for Mann, Dick Pool and Elunington, that it had a good effect, and that the same was compounded of the following ingredients and proportions, to-wit: Cue ounce white lead, one ounce verdigris, three and a half ounces sulphuric acid; that the plaintiff was still owing them for some oils, etc., that Dougherty got while he was treating said horse, and that he furnished Hunington, Pool, Briges and Mann the same prescription as that furnished Ray, both in quantity and quality, and that he told plaintiff that said Mann said it was good for scratches.
Joseph Mann, sworn by interrogatories for defendants, to which was attached a prescription sent by Joseph Mann to defendants, which was as follows, to-wit: “Mr. Burbank: Please send me one ounce white lead, one ounce verdigris, three and a half ounces sulphuric acid, and oblige, R. J. Mann. Dec. 30, ’73. You may mix them all together.” Wrote the prescription attached, got the drugs in prescription, used them on a mule with the effect of acure. I gave said prescription to said Burbank, and used the receipt upon one mule, and never used it or any other; the receipt is both good and harmless if properly used, in that it is an effectual cure for scratches, and would use the receipt again if occasion required it; know nothing more that will benefit the defendants.
Gross — Was not present and did not see defendant or either of them compound for. plaintiff a prescription for»
E. T: Pool, sworn for defendants, stated that he got a compound from said defendants filled by “ the Joseph Mann prescription ” for scratches, and used it on seven mules with good effect.
James Eriges, sworn for defendants, stated that he treated the said horse for plaintiff for some time; that said horse was in a bad fix ; that he benefited said horse by his treatment, which consisted in washing the affected parts with Castile soap and greasing the same ; that he had some experience in treating horses for scratches and other diseases, that he had used “the Joseph Mann receipt” or prescription with good effeet, that he got it from Graves Logan a long time ago, and that he had obtained and used the same from Burbank.
A. Hunington, sworn for defendants, stated he used a preparation compounded by the said Burbank, made by that furnished him by Joseph Manu for scratches, and it cured his horse.
Ur. J. L. Branch, sworn for defendants, stated that he was a practicing physician ; that sulphuric acid applied to the flesh, would destroy the body or texture of the flesh, but when compounded with white lead and verdigris in the proper proportions, would only slightly char or burn.the flesh, and would be a good remedy for scratches; thinks that the prescription attached to Joseph Mann’s interrogatories designates the proper proportion of which said compound ought to be made to be used for scratches; if in making up this prescription an over proportion of sulphuric acid should be put in the compound, it would have the effect to eat out or destroy the flesh.
Dr. W. G. England, sworn for defendants, corroborated Dr. Branch in his testimony.
1. There seems to be no reason to question the good faith of the druggist. To fill a prescription is to furnish, prepare
2. The evidence warranted the verdict. The matters of fact were for the jury.
Judgment affirmed.