Barber v. Adams

Webb, Judge.

This action was brought against Adams, a crop duster, for the alleged negligent chemical spraying of Barber’s peach orchard in "the fall of 1972,” seeking damages for loss of the trees and future profits.

Adams denied negligence in any manner as alleged, filed a motion for more definite statement as to the specific date on which the loss was contended to have occurred, and also moved to dismiss the complaint for failure to state a claim. Adams filed depositions of Barber and two subsequent owners of the land on which the trees were located,1 and in ruling on the motion to dismiss…