Legal Opinion
Eisbach v. Jo-Carroll Electric Cooperative, Inc.
Court of Appeals for the Seventh Circuit
Decided April 7, 1971No. Nos. 18807, 18308PublishedCited by 4 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
In this diversity action, the fourth amended complaint alleged that plaintiffs’ decedent, John Eisbach, was engaged in truck-gardening business in Illinois. In the spring of 1964, he had planted a large crop of tomatoes on a 2-acre leased tract. It was alleged that on June 10, 1964. defendant Jo-Carroll Electric Cooperative, Inc., acting through Ralph J. Smuck and two other individuals, sprayed nearby property to kill brush and weeds. Count I asserted that the brush killer was blown upon Eisbach and his tomato patch, destroying the crop to the tune of $40,000. Count II…
2Cases cited7 opinions
- Sanford Bros. Boats, Inc. v. Dalvis VidrineCourt of Appeals for the Fifth Circuit · 1969
- Walter Robert Stewart and Margaret Kester Stewart v. Joseph L. Meyers and Helen Margaret MeyersCourt of Appeals for the Seventh Circuit · 1965
- Harrison Wellford v. William D. RuckelshausCourt of Appeals for the D.C. Circuit · 1971
- Fisher v. Underwriters at Lloyd's LondonCourt of Appeals for the Seventh Circuit · 1940
- Degelos v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1963
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3Cited by4 opinions
- Norfolk & Western Railway Co. v. Werner Industries, Inc.Supreme Court of North Carolina · 1974
- Miami International Realty Co. v. Town of Mt. Crested ButteDistrict Court, D. Colorado · 1985
- Eisbach v. Jo-Carroll Electric CooperativeCourt of Appeals for the Seventh Circuit · 1971
- McDonnell v. American Leduc Petroleums, Ltd.Court of Appeals for the Second Circuit · 1972