Kentucky Aerospray, Inc. v. Mays

STEWART, Justice.

This is an appeal from a judgment of $1000 in fayor of. appellee, Roy H. Mays, against appellant, Kentucky Aerospray, a corporation.

Appellee, a commercial minnow dealer, sued appellant for the destruction of between 150,000 and 170,000 minnows which appellee had stored in a pond. Adjacent to the pond was a patch of tobacco which appellant sprayed from an aeroplane and, in the operation, appellee claimed a quantity of the poisonous spray fell into, the pond and caused the death of his minnows. The tobacco was raised on appellee’s land by a tenant and the latter arranged for…