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GAMBLIN v. INGRAM

No. 4225.

378 S.W.2d 941 (1964)

D. N. GAMBLIN, Appellant, v. Cecil INGRAM et al., Appellees.

Court of Civil Appeals of Texas, Waco.

April 30, 1964.

Attorney(s) appearing for the Case

McCown & Cobb, Dumas, for appellant.

Richards & Ferguson, Dalhart, for appellees.

TIREY, Justice.

This is a negligence case. Plaintiff Gamblin and defendant Burkett are neighboring farmers in Moore County, Texas. In 1960 plaintiff planted a cotton crop and defendant Burkett planted a maize crop; in the summer the rains were heavy and prevented Burkett from killing the weeds in his maize crop with cultivators. He employed defendant Ingram to spray his maize with Herbicide 2, 4-D for the purpose of killing weeds in the maize. Plaintiff alleged that...

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