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Boyl v. California Chemical Co.

United States District Court for the District of Oregon
221 F. Supp. 669 (1963)


California Chemical Company (CCC) (defendant) manufactured a consumer weed killer called Triox. Fifty percent of Triox consisted of sodium arsenite, which is more toxic than rat poison to humans. Evelyn Boyl (plaintiff) sprayed Triox on her driveway and then rinsed and emptied the bottle in an area in her yard. Five days later, Boyl lay on her stomach to suntan without realizing she was in the area where she had emptied the Triox bottle, allowing the poison to enter her bloodstream. The Triox bottle warned that the product was poison and that users should avoid skin contact. The bottle also gave directions on how to prevent injury while using the product. However, the bottle contained no warning about the disposal of the product or the lingering effects of the product if disposed of into the earth. Boyl brought suit against CCC for negligence.

Rule of Law


Holding and Reasoning (East, J.)

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