Pendergrass v. Lovelace

COMPTON, Justice.

This is "an action for damages for the negligent spraying of a cotton crop. Ap-pellee’s cotton was located on land adjacent to appellant’s premises. At the time of the spraying the cotton was up, a good stand, and gave promise of producing a fair yield. Appellant employed one Olmstead to spray his premises which were infested with weeds and vines. The spraying was done by the use of an airplane and with a solution commonly known as 2,4-D, a solution highly dangerous to cotton plants. In spraying appellant’s premises, Olmstead flew at low altitude over the field of cotton…