Philbrick

This is an appeal by plaintiff, Helen Wynne Philbrick, from an adverse judgment after a trial by jury, which absolved defendants, licensed pharmacists, from all liability for injuries allegedly caused to plaintiff’s eye by reason of their negligence in filling a prescription calling for Neo Deeadron Ophthalmic Ointment, a medication intended for use in the eye.

Except for the issue of causation, the facts are not in dispute, and may be summarized as follows: On March 10, 1961, some foreign substance blew into plaintiff’s right eye which she was unable to remove. Due to the fact that plaintiff could not remove this foreign substance, and because it was causing some pain and discomfort to her eye, she made an appointment to see Dr. Henry G. Parish, an ophthalmologist, the following day, Saturday, March 11. After examining plaintiff’s eye, Dr. Parish found and removed a thread. He diagnosed plaintiff's eye disorder as acute conjunctivitis with ulcerated blepharitis. Since plaintiff’s eye was red and inflamed, Dr. Parish furnished plaintiff a prescription for some medication, which he told her to have filled. The prescription called for Neo Deeadron Ointment, a medication for use in…