Terrace Park Dairy v. Surface Engineering Co.
South Dakota Supreme Court
1Opinion of the Court
BIEGELMEIER, Judge.
The complaint alleged defendant manufactured and sold a product, which the evidence showed was called Secoton, to its franchised dealer for application on plaintiff's new cooling room; that it negligently failed to include on the product proper directions for use as well as a warning that the solvent in the product was so penetrating it might penetrate and spoil dairy products of plaintiff, which it should have known, foreseen and anticipated; that as a result of this negligence dairy products of plaintiff were destroyed. There was a jury verdict for defendant which appeals…
2Cases cited3 opinions
- Lancel v. PostlethwaiteCalifornia Supreme Court · 1916
- Johnson v. OlsonSouth Dakota Supreme Court · 1945
- McVay v. N. & L. Motor Sales, Inc.South Dakota Supreme Court · 1950
3Cited by1 opinion
- First National Bank of Beresford v. NelsonSouth Dakota Supreme Court · 1982