Green v. Zimmerman

Lewis, Chief Justice.

Plaintiff-respondent, the owner of an 8j4 acre fish pond in Calhoun County, recovered judgment in the amount of $3,800.00 against the defendant-appellant, R. L. McNeil, operator of an airplane crop spraying service, for a fish kill in 1973 in respondent’s pond, allegedly caused by the pollution of the water with chemicals sprayed from appellant’s plane while engaged in spraying crops in adjacent fields. This appeal is from the denial of appellant’s timely motion for a nonsuit, directed verdict; and for judgment notwithstanding the verdict or, in the alternative, for a new…