Perry Creek Cranberry Corp. v. Hopkins Agricultural Chemical Co.

The plaintiff is the owner of a 36.80-acre cranberry marsh near Black River Falls, Wisconsin, and on June 6 and 9, 1962, dusted 34.02 acres with three percent Malathion Dust which it purchased from the defendant. Within a week the cranberry vines showed damage and ultimately produced no cranberries, while 2.78 acres which were not dusted with the malathion produced a normal crop of cranberries.

The complaint alleged two causes of action, one based on a misbranding under the Economic Poisons Act (sec. 94.676, Stats. 1 ), because the plaintiff relied on the instructions on the label in using the…