Frazier v. Moeller

DICKENSON, Justice.

This interlocutory venue appeal 1 presents the question whether a landowner is subject to liability for damages to his neighbor’s crops caused by the negligence of an independent contractor 2 who makes aerial application of chemicals in order to kill mesquite and brush.

Frank Moeller and numerous other cotton farmers sued Violet Frazier, J.M. Christensen and Christensen Aviation, Inc. for damage to their cotton crops on approximately 32,000 acres of land. Defendants’ pleas of privilege were overruled by the trial court. Violet Frazier appeals. 3 We affirm.

We must affirm the…