KENTUCKY AEROSPRAY v. MAYS


251 S.W.2d 460 (1952)

KENTUCKY AEROSPRAY, Inc. v. MAYS.

Court of Appeals of Kentucky.

September 26, 1952.


Attorney(s) appearing for the Case

Davis, Boehl, Viser & Marcus, A. J. Deindoerfer, Louisville, Julian W. Knippenberg, Lexington, for appellant.

Elwood Rosenbaum, Lexington, for appellee.


STEWART, Justice.

This is an appeal from a judgment of $1000 in favor of appellee, Roy H. Mays, against appellant, Kentucky Aerospray, a corporation.

Appellee, a commercial minnow dealer, sued appellant for the destruction of between 150,000 and 170,000 minnows which appellee had stored in a pond. Adjacent to the pond was a patch of tobacco which appellant sprayed from an aeroplane and, in the operation, appellee claimed a quantity of the poisonous spray fell...

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