McArdle v. Stewart

The plaintiff James Stewart in his amended petition alleged that defendant permitted arsenic acid which was being sprayed on plaintiff’s cotton crop to drift onto plaintiff’s pasture, causing damage to plaintiff’s cattle. The damage was alleged to be the loss of one 275 pound calf, reduction in value of 12 cows and 11 calves; $184.00 veterinary bill and $90.00 for feed for the cattle. There was no allegation that a written statement of damages had been filed with the State Board of Agriculture.

Title 2 O.S.1961, § 3-82(d), provides:

“ * * * No action for such damages may be brought or…