Legal Opinion

Mossrud v. Lee

Wisconsin Supreme Court

Decided May 2, 1916PublishedCited by 8 opinions

Appeal from a judgment of tbe circuit court for Vernon county: E. C. Higbee, Circuit Judge. Action to recover for some cows, claimed to have been fatally poisoned by negligence of defendant. Tbe pleadings presented for trial tbe question of whether defendant was negligent to plaintiff’s damage, tbe amount of tbe damage, and whether he was guilty of contributory negligence in respect to the matter. Plaintiff was a farmer.

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Appeal from a judgment of tbe circuit court for Vernon county: E. C. Higbee, Circuit Judge. Action to recover for some cows, claimed to have been fatally poisoned by negligence of defendant. Tbe pleadings presented for trial tbe question of whether defendant was negligent to plaintiff’s damage, tbe amount of tbe damage, and whether he was guilty of contributory negligence in respect to the matter. Plaintiff was a farmer. In June, 1913, he purchased of defendant, a dealer in farm supplies, a jug of liquid called “Quack Grass Destroyer” for use in killing quack grass on his place. The jug was…

1Opinion of the CourtMaeshall, J.

Was there sufficient evidence to carry the question of defendant’s negligence to the jury? That must be answered in the affirmative. The sale of such a poisonous substance as that in question, without the vendee being made aware of its dangerous character and the container being plainly labeled with the name of the substance, the word “Poison” and the name and address of the person, firm, or corporation dispensing the substance was, at the time in question, expressly prohibited by sub. 5, (a), sec. 1419, Stats. 1913, and violation of the prohibition made punishable as a misdemeanor. Such…

2Cited by8 opinions

  1. Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
  2. La Plant v. EI Du Pont De Nemours and CompanyMissouri Court of Appeals · 1961
  3. Bennett v. Larsen Co.Wisconsin Supreme Court · 1984
  4. Farrell v. G. O. Miller Co.Supreme Court of Minnesota · 1920
  5. McAleavy v. LoweWisconsin Supreme Court · 1951

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