Hager v. Romines

OPINION

LIVINGSTON, Justice.

Thomas and Betty Romines grew tomatoes and jalapefios on one-half acre of land in Clay County, Texas. When their plants began dying from exposure to herbicide, they sued Hager Flying Service and Anthony Ray Hag-er, who had applied herbicide from a crop dusting airplane to a nearby field the same day the Romineses noticed that their tomato plants were sick. At trial, the court denied Hager’s motion for instructed verdict. The jury awarded Thomas and Betty Romines $45,000 as damages. Hager appeals in five points of error. We sustain point of error one, reverse the…