Boroughs v. Joiner

This appeal is from an order dismissing an action brought by the Boroughs against Leo Joiner. The complaint stated in substance that:

On July 26, 1973, Leo Joiner procured or employed J.F. Carter to make a custom application of pesticide by means of an aircraft in flight to his crops in the immediate vicinity of the fish pond of the plaintiffs in Monroe County; that the lake of the plaintiffs was built in 1965 at a cost of approximately $15,000 and was stocked with game fish and used as a recreation area for fishing and water pleasure and added to the value of the adjoining real estate; that…