Gotreaux v. Gary

MOISE, Justice.

Julian Gotreaux instituted this suit for damages in the sum of $2,405.75. It is alleged that Welsh Flying Service, Inc., sprayed 2, 4-D poisoning on the. rice crop grown on Roy Gary’s tenant, farm on July 2, 1953, and that the wind carried the herbicide to plaintiff’s crop — approximately 13.3 acres of cotton and 3 acres of peas — causing the destruction of all but one bale of cotton.

Defendants denied liability and plead lack of negligence by the use of due and .reasonable care, relying on Act 502 of 1952, LSA-R.S. 3:1621, • and the regulations of the Louisiana Department of…