Burton v. Theobold

LeGRAND, Justice.

As originally brought, this action involved a number of defendants and numerous issues. However, on this appeal, it is a controversy solely between plaintiff, Chester Burton, and defendant, Lester Theobold, doing business as Aerial Spraying Service, presenting only one question for review — sufficiency of the evidence to sustain a verdict for damage to plaintiff’s evergreen trees.

The dispute arises out of aerial spraying with 2,4-D for weed control, which defendant Theobold performed for one of plaintiff’s neighbors. Plaintiff claims the herbicide caused damage to his red…