THE PHARMACEUTICAL JOURNAL. 
SECOND SERIES. 
VOL. VI.—No. III.—SEPTEMBER 1st, 18G4. 
PHARMACEUTICAL RESPONSIBILITY. 
The case recently decided in the Liverpool Court of Assizes, in which an ac¬ 
tion was brought by the representative of the late Mr. Lingard against Messrs. 
Clay and Abraham, for having accidentally substituted strychnine for James's 
powder in a medicine prepared at their establishment, thereby causing the death 
of the patient, cannot fail to excite a deep interest among the members of our 
body. This unfortunate accident has already been adverted to in our pages. 
The medicine was supplied in the ordinary course of business by one of the first 
dispensing establishments in Liverpool, and it was prepared by an assistant who 
is admitted to have been a qualified, experienced, and careful dispenser. There 
has been no imputation, in this case, of want of knowledge in those by whom 
the medicine was sold, and the arrangements adopted in the house for securing 
accuracy in dispensing are considered to have been unusually complete and good. 
Yet even here an accident occurs by which the death of a respectable tradesman 
has been caused, and the chemist is rendered liable for heavy damages. Every 
dispensing chemist throughout the country must feel that the case of Messrs. 
Clay and Abraham may at any time be his, for it is impossible to provide an in¬ 
fallible remedy against accidents of this kind. 
We believe, however, that this is the first time such an action has been brought 
against a chemist, and the result is calculated to occasion serious reflections upon 
the responsibilities attending the practice of pharmacy. The action in this case 
was founded upon a law passed in 184G, known as Lord Campbell’s Act, and 
entitled “ An Act for Compensating the Families of Persons killed by Acci¬ 
dents.” It appears that this Act was principally intended to provide compen¬ 
sation to the families of persons killed by railway accidents ; but as accidents of 
that particular class are not specified, the law applies to other cases of death 
caused by the wrongful act, neglect, or default of some person other than the 
deceased. As the Act is a very short one, and as the preamble explains the na¬ 
ture and object of the change it effected in the law of the land, we insert it 
here verbatim. It is as follows :—■ 
“ Whereas no action at law is now maintainable against a person who by his 
wrongful act, neglect, or default, may have caused the death of another person, and 
it is oftentimes right and expedient that the wrong-doer in such case should be 
answerable in damages for the injury so caused by him : Be it therefore enacted 
by the Queen’s most Excellent Majesty, by and with the advice and consent of 
the Lords Spiritual and Temporal, and Commons, in this present Parliament assem¬ 
bled, and by the authority of the same, that whensoever the death of a person shall 
be caused by wrongful act, neglect, or default, and the act, neglect, or delault is such 
as would (if death had not ensued) have entitled the party injured to maintain an 
VOL. VI. 1 
