Miles v. A. Arena & Co.

This is an appeal from a judgment awarding plaintiff damages for fifty-six hives of bees killed by drifting dust which was spread by M. L. Carberry by means of an aeroplane on honeydew melons growing on a tract of land being farmed by A. Arena & Company. The evidence in the case is sharply conflicting. We need only consider the evidence most favorable to the support of the findings and judgment as all conflicts were directed to the trial judge.

We cannot disturb his findings merely because of conflicting evidence.

Carberry owned and operated an aeroplane equipped with a power dusting attachment…