Gainey v. Folkman

YANKW1CH, Chief Judge.

By his complaint, the plaintiff .seeks to recover damages for injury to his cattle and injunctive relief against further “dusting” of cotton on the defendant’s ranch, which lies across a road from plaintiff’s ranch. It is his contention that the dusting has caused some of the alfalfa on his ranch to become impregnated. As some of the cattle graze on this alfalfa and other cut alfalfa is fed to them, it is insisted by the plaintiff that the poisoning from such impregnation is responsible for the “unthrifty” condition of his herd. This condition appeared only after the…