Abernathy v. Goebel

IRWIN, Vice Chief Justice.

Plaintiffs in error, the defendants below filed separate appeals and the same were docketed No. 41,158 and No. 41,159 in this Court. The two appeals were consolidated for disposition under No. 41,158. Parties will be referred to as they appeared in the trial court.

Plaintiff brought an action to recover damages to his cotton crop allegedly caused by the spraying of chemicals from airplanes operated by the defendant Aerial Applications, Inc., while said defendant was spraying lands adjacent to the lands of the plaintiff owned by the defendant C. H. Abernathy.

The case…