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PERRY CREEK C. CORP. v. HOPKINS AG. CHEM. CO.

29 Wis.2d 429 (1966)

PERRY CREEK CRANBERRY CORPORATION, Respondent, v. HOPKINS AGRICULTURAL CHEMICAL COMPANY, Appellant.

Supreme Court of Wisconsin.

January 4, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by W. L. Jackman and Hart, Kraege, Jackman & Wightman, all of Madison, and oral argument by W. L. Jackman.

For the respondent there was a brief by Brazeau, Brazeau, Potter & Cole of Wisconsin Rapids, and oral argument by John M. Potter.

HALLOWS, J.

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...

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