McClelland v. Williamson

TITUS, Judge.

Plaintiff Maye McClelland owned a 402 acre farm on which grew walnut and oak trees. Her brother, plaintiff Herschel Butler, maintained five colonies of bees on the farm. Ralph Underwood owned 460 acres lying immediately south of plaintiff Maye McClelland’s farm. Defendant, a veteran airplane pilot, operated a aerial crop dusting and chemical defoliant business. In June 1976, Underwood hired defendant to aerially apply chemical defoliant to timber growing on his property and defendant spent parts of three days on the task. Claiming that defendant had negligently permitted the…