Colorado Milling & Elevator Co. v. American Cyanamid Co.

REEVES, Chief Judge.

A preliminary statement is necessary for a clear understanding of the issues to be considered. This action is brought against a chemical company and one of its distributors for alleged negligence in the manufacturing and distribution of a chemical compound formerly sold under the trade name of Acrylon and later under the trade name Carbacryl. It was an insecticide and a fumigant and was used by the plaintiff in its milling operations. It claims to have suffered two destructive fires, one in April, 1949, at Dodge City, Kansas, and the other in September, 1949, at Denver,…