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CARROLL v. BEGLEY DRUG COMPANY

335 S.W.2d 554 (1957)

Alfred M. CARROLL, Adm'r of Ruth Ann Foree, Deceased, Appellant, v. BEGLEY DRUG COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 10, 1960.

Attorney(s) appearing for the Case

Ralph H. Richards, Louisville, for appellant.

H. B. Kinsolving, Jr., Shelbyville, for appellee.

BIRD, Judge.

The complaint in this action charges that poison was negligently sold to a young girl resulting in her death. Defendant asserted below that the complaint fails to state a claim upon which relief can be granted and moved to dismiss. This appeal is taken from the judgment of dismissal.

The pertinent allegations of the complaint are as follows:

"I. The plaintiff, Alfred M. Carroll, states that on the 5th day of June, 1956, he was duly appointed...

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