McPherson v. Billington

CHAPMAN, Justice.

This is an appeal by H. L. McPherson, defendant below, from a judgment for J. C. Billington, plaintiff below, based upon a jury verdict.

Appellee sought and obtained recovery against appellant for the death of 365 swine and for reduced value of 46 others as a result of arsenic acid appellant permitted to pass over onto the pens enclosing the swine during an aerial spraying operation to desiccate a cotton patch with such poison for another whose cotton was located within the same quarter-section of land and north of appellee’s 40 acres. Appeal is perfected upon points which…