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MILLER v. MAPLES

No. 6419.

278 S.W.2d 385 (1954)

James MILLER et al., Appellants, v. Glen MAPLES, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied September 7, 1954.

Attorney(s) appearing for the Case

Chas. H. Dean, Plainview, for appellants

Dennis Zimmerman, Tulia, for appellee

MARTIN, Justice.

Appellee, Glen Maples, plaintiff in the trial court, sued appellants, James Miller and Marlin Miller, for damages caused by the death of turkeys owned by the plaintiff. It is appellee's contention that appellants' airplane, while being used in aerial spraying on an adjoining farm, frightened the turkeys belonging to appellee causing them to run into troughs and other obstacles in the pens and thereby causing their death.

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