Swenson v. Chevron Chemical Company

WINANS, Justice.

Merle Swenson, plaintiff-respondent, farms approximately 600 acres of land near Garretson, South Dakota. Jn the spring of 1972 he planted 300 acres of corn in various fields. There were about 245 acres of land which had been previously planted with corn and all these required treatment with a corn rootworm insecticide. Two different insecticides were used. One was Ortho *499Bux Ten Granular which is manufactured by .defendant-appellant and marketed “for control of corn rootworm larvae.” Swenson purchased 2,100 pounds of Bux Ten in April of 1972 from the Luverne (Minnesota) Farm…