Beard v. Fender

Sognier, Judge.

Orbin Fender brought this action against N. W. Beard seeking damages for personal injuries sustained as a result of a fall on Beard’s property. The jury returned a verdict in favor of Fender. Beard appeals.

Appellant and appellee, neighbors, each made attempts to eliminate a nest of wasps located on an eave of appellant’s house. In the last of the joint attempts, appellee climbed a ladder adjacent to the nest and, using appellant’s spray gun, sprayed insecticide into the hole where the nest was located. Appellee was injured when he fell backwards off the ladder after the wasps…