Legal Opinion

Terrace Park Dairy v. Surface Engineering Co.

South Dakota Supreme Court

Decided May 13, 1968No. File No. 10390PublishedCited by 1 opinion

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

  1. Lancel v. PostlethwaiteCalifornia Supreme Court · 1916
  2. Johnson v. OlsonSouth Dakota Supreme Court · 1945
  3. McVay v. N. & L. Motor Sales, Inc.South Dakota Supreme Court · 1950

3Cited by1 opinion

  1. First National Bank of Beresford v. NelsonSouth Dakota Supreme Court · 1982

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