S.A. Gerrard Co., Inc. v. Fricker

The Gerrard Company appeals from a judgment against it for damages to Pricker’s apiary. We shall refer to the parties as plaintiff and defendant.

The plaintiff’s apiary is located near Chandler in Maricopa county, and adjacent thereto the defendant was growing 105 acres of lettuce. In the process of spraying an insecticide called Dutox No. 20 on defendant’s lettuce field to rid the field of worms, the spray fell upon, or was blown upon, the plaintiff’s apiary, with the result that his bee business was damaged. The spraying was done from an airplane flying over the lettuce field and as…