Heeb v. Prysock

Appellant, Heeb, who was the defendant below, had about 210 acres of rice, and each of the appellees, Prysock, Underwood, Blanton and Stough had acreage planted in cotton which was either adjacent to or near said rice land. In July of 1949, Heeb employed the Terry Aircraft Company to spray his rice with 2,4-D in liquid form. While the spray was being applied to the rice appellees’ cotton crops were damaged, as it is alleged, because of appellant’s negligence in that the airplane flew over their crops, allowing the poison to escape and “settle” on their cotton, in that said poison drifted from…