Oakes

Plaintiff appeals from a judgment in favor of defendant E. I. Du Pont de Nemours & Company, Inc. (Du Pont) entered July 14, 1967, after no further amendments were made to the complaint to which an eighth demurrer was sustained with leave to amend. The action below was initiated by plaintiff August 31, 1962, when he filed a complaint seeking to recover damages from the respective manufacturers and distributor of three weed-killing chemical products, the use of which by plaintiff allegedly resulted in a severe systemic skin condition. That skin condition was said to be due to an allergy to an ingredient in the weed killer. Plaintiff did not allege that defendant knew or should have known of this possible effect of the use of its product upon allergic people. Defendant’s demurrer had specifically pointed out plaintiff’s failure so to allege knowledge. The order sustaining the demurrer had been granted with leave to amend. Plaintiff refused to do so. Under the circumstances of this ease, such knowledge or a reason to know by Du Pont was a condition to its liability. The judgment, therefore, must be affirmed.

We will not set forth at length the peregrinations by which plaintiff who…