[Download] "Pendergrass v. Lovelace" by New Mexico Supreme Court # eBook PDF Kindle ePub Free

eBook details

Title: Pendergrass v. Lovelace
Author : New Mexico Supreme Court
Release Date : January 09, 1953
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

This is an action for damages for the negligent spraying of a cotton crop. Appellees cotton was located on land adjacent to appellants 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 appellants premises, Olmstead flew at low altitude over the field of cotton belonging to appellee, making at least three trips. The plane emitted sufficient quantities of the solution as to damage the growing cotton. The cause was tried to the court, which found Olmsteads negligence was the proximate cause of the damages. From an adverse judgment, appellant appeals.