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SMITH v. OKERSON

8 N.J. Super. 560 (1950)

73 A.2d 857

KARL M. SMITH, PLAINTIFF, v. CHARLES OKERSON, AND OTHERS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 7, 1950.

Attorney(s) appearing for the Case

Mr. Isadore I. Zlotkin, attorney for plaintiff.

Messrs. Parsons, Labrecque, Canzona & Combs (Mr. Theodore D. Parsons), attorneys for defendants.

BIGELOW, J.A.D.

The equitable problems in this case have become moot, and it is now only an action for damages. The plaintiff is a dairy farmer, and the defendants are potato growers, operating the adjoining farm. The first time there was trouble of the kind complained of was in the early fall of 1947, when the defendants sprayed their potato fields with an arsenic solution, in order to kill the vines and so make easier the digging of the potatoes. The spraying apparatus...

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