Binder v. Perkins

The opinion of the court was delivered by

Owsley, J.:

Defendant Duane R. Perkins, operator of an aerial crop-spraying business, appeals from a judgment against him of $2,500 plus costs for loss of plaintiffs’ leased five and one-half acre alfalfa field damaged by airborne 2-4D herbicide applied by defendant to a neighboring wheat field.

Carl *and Alphonse Ruder contracted with defendant to spray their seventy-acre wheat crop south of Hays, Kansas, to kill weeds. The job was contracted on June 15, 1969, about a week before wheat harvest was to begin. It was determined by Ruders and Perkins that a…