Jaycox v. State

This is an application for permission to file a claim pursuant to subdivision 5 of section 10 of the Court of Claims Act. The proposed claim seeks damages resulting from a destruction of crops and destruction of or damage to vines, bushes, trees, etc., resulting from the alleged leakage of fumes from a weed killer stored and used by the State on its premises immediately adjacent to the premises of the claimant.

The court finds that the requirements of actual knowledge by the State and no substantial prejudice to the State are established by the affidavits. The problem arises as to whether or…