· 4/30/1975
First National Bank Ex Rel. Huckleby v. Nor-Am Agricultural Products, Inc.
Citations
- 537 P.2d 682
- 88 N.M. 74
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- marketing of Panogen was matter of common usage where “grain treatment had wide acceptance and use throughout the country at the time of the ... incident”
- finding grain treatment was “common usage” because it “had wide acceptance and use throughout the country” at the time of the incident
- marketing highly toxic chemical commonly used as a seed disinfectant is not ultrahazardous
- applying the first Restatement and finding that treating seed grain with a highly toxic disinfectant is not an ultrahazardous activity because adequate warnings not to feed the grain to livestock would eliminate the danger
- if middleman-processor had constructive knowledge of the danger, then the seller owed no duty to the ultimate consumer
- jury question whether manufacturer had duty to warn consumers directly
Source: CourtListener parenthetical corpus (CC0).
Judges: Sutin, Hernandez, Lopez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.