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BURKE v. BEAN

No. 6586.

363 S.W.2d 366 (1962)

James F. BURKE d/b/a Burke's Drugs, Appellant, v. T. L. BEAN, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied December 19, 1962.

Attorney(s) appearing for the Case

Melvin Combs, Beaumont, for appellant.

Sample & Walker, Beaumont, for appellee.

McNEILL, Justice.

Bean had a gall bladder attack and his physician gave him a prescription for Oxacholin tablets. The prescription was taken March 28, 1960, to Burke's Drug Store to be filled, and the pharmacist there, by mistake delivered Oxsoralen capsules to Bean. The doctor prescribed a pill after each meal. After Bean had taken one or two doses of the medicine he called his doctor and told him he was in much pain and needed a sedative, and the doctor prescribed...

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