Young v. Darter

WILLIAMS, Chief Justice.

Plaintiff below, defendant in error here, Darter, seeks to recover damages from Young, defendant below, plaintiff in error here. The parties will be referred to herein as they appeared in the trial court.

In 1957, in order to kill weeds growing therein, defendant caused his pasture lying immediately to the south and west of plaintiff’s thirty acre field of cotton to be spray ed with 2-4D poison. Such poison allegedly drifted and spread across such cotton, damaging it. Plaintiff alleged defendant was guilty of negligence.

He further alleged diminution of amount of lint…