Burke v. Thomas

CORN, Vice Chief Justice.

Beginning the latter part of May, 1954, defendant instituted an aerial spraying project on his .ranch in Sequoyah county for the purpose of ridding his land of unwanted growths. A qualified pilot with a specially equipped plane, and who held a state issued permit for such operations, was engaged to carry out this work. A deleterious chemical substance (245T) was mixed with water and diesel oil and sprayed over the land by the airplane while flying at low altitude. Generally, unwanted trees and undergrowth would be killed within approximately 60 days after being…