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FRANCIS DRAINAGE DISTRICT v. AUSTIN

No. 5-1082.

296 S.W.2d 668 (1956)

ST. FRANCIS DRAINAGE DISTRICT et al. Appellants, v. A. J. AUSTIN et al. Appellees.

Supreme Court of Arkansas.

Rehearing Denied January 14, 1957.

Attorney(s) appearing for the Case

Cecil Grooms and Kirsch, Cathey & Brown, Paragould, for appellants.

Oscar Fendler and J. W, Steinsiek, Blytheville, for appellees.

ROBINSON, Justice.

This is a suit by appellees for damages to crops caused by the appellant, St. Francis Drainage District, using poison known as 2, 4 — D to kill willows growing on the drainage ditch right-of-way. Some of the poison drifted through the air and came in contact with some of the crops being grown by the appellees on land adjoining the drainage ditch. The cause was tried to a jury and there were verdicts totalling about $15,000 for appellees....

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