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Ratzlaff v. Franz Foods of Ark.

ELR Citation: 1 ELR 20591
Nos. Nos. 5-5600 et al., 468 S.W.2d 239/3 ERC 1124/250 Ark. 1003, (Ark., 06/21/1971)

Downstream riparian landowners are third-party beneficiaries to contract between defendant and city whereby defendant obligates itself to remove and eliminate from its deposits into city sewer system refuse, offal of fowls, blood, wastes, and other offensive material and negligently fails to do so causing injury to plaintiffs. Rule that user of sewage system is not responsible for matter he deposited once that matter passes to control of city is superceded by contract. Trial court dismissal of complaint reversed.

Counsel for Appellants:
John O. Maberry
28 A South Main
Eureka Springs, AR 72632
(501) 253-8788

Putnam, Davis & Basset
28 South College Avenue
P.O. Box 477
Fayetteville, AR 72701
(501) HI2-7441

Counsel for Franz Foods of Arkansas:
Crouch, Blair, Cypert & Waters
111 Holcomb Street
Springdale, AR 72764
(501) 751-5768