EDITORIAL. 
189 
An  isolated  experiment  amounts  to  but  little.  It  is  by  a  series  of  experiments 
that  men  become  familiar  with  the  effects  of  poison,  and  skilful  in  their  use." 
The  defendant  claimed  that  the  sickness  of  Mr.  Quinby  was  from 
another  cause,  like  apoplexy,  or  some  affection  of  the  nervous  system,  where 
the  symptoms  simulated  those  of  belladonna. 
The  defendant  also  presented  the  theory  that  the  plaintiff  was  hypochon- 
driac, and  that  much  of  the  symptoms  were  imaginary.  The  Judge  then 
remarks : 
"If  they  were  satisfied  that  the  article  put  up  has  been  identified,  that  it  was 
belladonna,  that  it  was  poisonous  and  produced  the  effect  ascribed  to  it,  then 
the  plaintiff  would  be  entitled  to  such  compensation  as  he  had  pecuniarily  suf- 
fered, if  there  was  negligence  on  the  part  of  defendant,  unless  the  plaintiff  him- 
self was  guilty  of  some  neglect  on  his  part. 
In  regard  to  negligence  on  the  part  of  defendant  in  a  case  of  this  kind  where 
a  prescription  calls  for  dandelion,  and  belladonna  is  put  up,  this  makes  out 
prima  facie  a  case  of  negligence.  The  druggist  is  bound  to  put  up  the  article 
called  for,  and  if  by  mistake  he  puts  up  another,  he  is  responsible  for  it  prima 
facie  ;  and  it  is  no  excuse  that  he  used  all  the  diligence  he  could,  unless  he  can 
lay  the  fault  to  some  other  person,  over  whom  he  had  no  control.  If  he  relies 
on  the  act  of  a  third  party  he  is  bound  to  present  the  proof;  as  in  the  absence 
of  testimony  going  to  exonorate  him,  the  law  presumes  he  is  negligent. 
As  to  any  negligence  on  the  part  of  the  plaintiff  himself  in  the  taking  of  the 
article,  before  he  could  be  charged  with  it,  a  knowledge  by  him  of  the  opera- 
tion of  the  drug  should  be  shown  ;  and  it  would  be  further  considered  whether 
he  did  not  show  ordinary  prudence  in  the  means  he  did  take  to  avoid  accident. 
If  he  was  advised  of  the  nature  of  the  article,  and  was  careless  in  taking  it,  then 
he  could  not  obtain  a  verdict ;  but  if  his  suspicions  were  not  aroused,  and  he 
took  such  means  as  men  ordinarily  take  to  avoid  accident,  there  was  then  no 
fault  on  his  part." 
The  Court  then  explained  on  what  principles  the  damages  must  belaid, 
in  case,  under  all  the  circumstances  they  found  the  defendant  guilty  of 
negligence.  The  Jury  then  retired,  and  returned  in  an  hour  with  a  verdict 
for  plaintiff — damages  $2,500. 
The  extraordinary  features  of  this  case,  which  have  justly  excited  surprise, 
are,  the  long  lapse  of  time  between  the  alleged  error  and  the  act  of  prosecu- 
tion ;  the  loose  character  of  the  plaintiff's  evidence,  as  regards  the  identity 
and  nature  of  the  medicine  obtained  ;  and  the  improbability  of  the  result, 
if  extract  of  belladonna  in  the  dose  2-3ds  of  a  tea-spoonful  had  been  taken, 
which  from  Eckstein's  would  have  been  of  the  best  quality  ;  besides,  it 
appears  in  evidence  that  before  taking  the  medicine,  it  was  sent  by  a  boy 
to  the  physician,  who  pronounced  it  all  right.  We  have  understood  that 
the  defendant  applied  for  a  new  trial,  but  have  not  heard  the  result. 
The  new  Act  of  Parliament  regulating  Medicine — The  new  British 
Pharmacopoeia. — Many  of  our  readers  are  perhaps  not  aware  that  in  the 
year  just  passed,  Parliament,  after  having  considered  the  subject  of  medi- 
cal reform  during  a  long  period,  did  pass  an  Act,  tending  to  reconcile  the 
conflicting  elements  of  British  medicine,  by  establishing  a  "  General  Coun- 
cil of  Medical  Education  and  Registration"  which  is  made  up  of  Delegates 
