Kennedy v. City of Sawyer

Although originating as a negligence action, this case comes
before us on appeal by defendant City of Sawyer and defendant
Gene Aubley from an order dismissing their third party claim
against Continental Research Corporation. The third party claim
is a products liability claim for indemnification. The plaintiffs are owners of a fifty-acre pasture abutting
three sides of a fenced 3.7 acre tract owned by the City and
within which the City maintains and operates sewage lagoons. On
July 13, 1975, plaintiffs put 53 head of cattle in their pasture.
Four days later, on July 17, Aubley, a city councilman, sprayed a
herbicide solution within the City tract and along the fence line
separating it from plaintiffs' pasture. Three days after Aubley
sprayed, on July 20, plaintiffs' found six of their cattle dead
and many obviously sick. Examination of the cattle revealed they
were victims of arsenic poisoning.