St. Francis Drainage District v. Austin

Sam Robinson, Associate Justice.

This is a suit by appellees for damages to crops caused by the appellant, St. Francis Drainage District, using poison known as 2,4-D to kill willows growing on the drainage ditch right-of-way. Some of the poison drifted through the air and came in contact with some of the crops being grown by the appellees on land adjoining the drainage ditch. The cause was tried to a jury and there were verdicts total-ling about $15,000 for appellees. The Drainage District has appealed.

The cause was submitted to the jury on the theory of whether the farmers, appellees, were…