Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 129

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 129

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: Aspinwall, his immediate vendee, in virtue of his contract of sale, this action can not be maintained. If A. build a wagon and sell it to H. who sells it to 'C._ and C. hires it to D., who in consequence of the gross negligence of A. in building the wagon is overturned and injured, D. can not recover damages against A._ the builder. A.'s obligation to build the wagon faithfully, arises solely out of his contract with B. The public have nothing to do with it..lisfo1'tune to third persons, not parties to the contra-1. would not le.a natural and necessary consequence of the builder's iiegligelioe; and such negligence is not an act immincntl_v dangerous to human life 'ii' 1' 'ii "But the-use in lmnd stands on u diflbrent ground. The (lcfcndunt was:1 (lcalcr in poisonous drugs. Gilbert. was his agent in p1'cparin_nj them tor market. The death or great bodily llurin of some pcrnn was the natural and almost incvitall-consequence of the sale of belladonna by nieans of the t'ulo lulml. Gillwrt. the lefe11(lunt's agent. would have Md_ Opinion of the Court. been punishable for manslaughter if Mrs. Thomas had died in consequence of taking the falsely labeled medicine. Every man who, by his culpable negligence, causes the death of auother, although without intent to kill, is guilty of manslaughter. A chemist who negligently sells laudanum in:1 vial labeled as paregoric, and thereby causes the death of a person to whom it is administered. is guilty of manslaughter. In respect to the wrongful and criminal character of the negligence complained of, this case difi'ers videl_' from thew put by the defendant's counsel. No such imminent. danger existed in those cases. The lete1uhn1t's negligence put...
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Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236870131
  • 9781236870131