Pannella v. Reilly

This is an action of tort for damage to a crop of lettuce. The defendant denied liability.

There was evidence that the plaintiff and the defendant owned adjacent farms; that the defendant had a large tree on her farm near a stone wall which divided the two properties, a large part of which tree overhung the plaintiff’s premises; that the plaintiff had a crop of lettuce growing on his land near said tree; that the three was sprayed with arsenate of lead, a poison, and some of the spray came over to the plaintiff’s premises and upon the lettuce, rendering it unmerchantable; that the spraying was…