Gragg v. Allen

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Gragg from an order of the trial court overruling his plea of privilege to be sued in the county of his residence, Anderson County.

Thirty plaintiffs brought suit against defendants, Gragg (owner of a ranch in Freestone County), and Corpora Aerial Service, alleging defendants “did spray or cause to be sprayed” by airplane in Freestone County herbicides known as 2,4-D, and 2,4,5-T which drifted or were carried by wind currents from the land of defendant Gragg to the lands of plaintiffs, where the herbicides damaged plaintiffs’ cotton…