Ebers v. General Chemical Co.

Plaintiff is a fruit farmer in Kent county. Defendant manufactures and sells insecticides and other chemical products. In 1938 it beg-an the manufacture of ethylene dichloride emulsion, which it sold and distributed under the trade name of E-D-E. This product was for the destruction and control of the peach tree borer, an insect whose larvae kill or damage peach trees by feeding on the cambium or inner-bark tissues of the tree. In the fall of 1940 plaintiff purchased from dealers in Kent county 30 gallons of E-D-E and applied it to about 1,700 peach trees. In 1941 over 400 of these trees died…