Short v. Jones

HARGRAVE, Justice.

This action is brought for review by writ of certiorari previously granted to the Court of Appeals, Division I, wherein that Court held in an unpublished opinion that 2 O.S.1971 § 3-82(d), (since amended, see 2 O.S.1979 Supp. § 3-82(d)), contains a jurisdictional prerequisite to maintenance of an action to recover for damage caused by herbicide spray which rendered pecan trees permanently barren. The last sentence of (d) of the statute last cited reads:

No action for such alleged damages to growing annual crops or plants may be brought or maintained, however, unless the…