Olmstead v. Reedy

WILLIAMS, Justice.

Defendants in error instituted this action to recover damages from plaintiffs in error. Hereinafter reference to the parties will be made as in the trial court. Plaintiffs, for their cause of action, alleged that defendants, while spraying certain lands adjoining those of plaintiffs with pesticide, permitted same to drift onto plaintiffs’ property, thereby injuring their growing crops, pecan trees, shade trees and ornamental shrubs.

In 1961 the Legislature enacted a statute of provision that it should be unlawful for any person to do business or engage in custom application…