User:JD Caselaw/Thomas and Wife v. Winchester

Thomas v. Winchester, 6 N. Y. 397 (1852).

Cardozo on the case: (writing in MacPherson v Buick Motor Co. -- open source)

Summary (open source - from the header of the case)
A dealer in drugs and medicines, who carelessly labels a deadly poison as a harmless medicine, and sends it so labeled into market, is liable to all persons, who, without fault on their part, are injured by using it as such medicine in consequence of the false label.

The liability of the dealer in such case arises, not out of any contract or. direct privity. between him and the person injured, but out of the duty which the law imposes upon him to avoid acts in their nature dangerous to the lives of others. He is liable therefore, though the poisonous drug with such label may have passed through many intermediate sales before it reaches the bands of the person injured.

Where such negligent act is done by an agent, the principal is liable for the injury caused thereby.