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HESTON v. PAYNE

No. 11590.

541 P.2d 617 (1975)

Glenn E. HESTON and Pearl Heston, Plaintiffs-Respondents, v. Russell PAYNE and Robert Payne, Jr., d/b/a Payne's Flying Service, Defendants-Appellants.

Supreme Court of Idaho.

October 16, 1975.

Attorney(s) appearing for the Case

Daniel W. O'Connell, Ware, Stellmon & O'Connell, Lewiston, and Wilfrid W. Longeteig, Strom & Longeteig, Craigmont, for defendants-appellants.

John Reid Tait, Paul C. Keeton, Chartered, Lewiston, for plaintiffs-respondents.

BAKES, Justice.

In November of 1972, the plaintiff respondent Glenn E. Heston, a tenant farmer, and his mother, the plaintiff respondent Pearl Heston, whose land he was farming, brought suit against the defendant appellants Russell Payne and Robert Payne, Jr., brothers doing business as Payne's Flying Service. The plaintiffs alleged that on May 28, 1972, Robert Payne had applied the herbicide 2-4-D to a crop of a nearby farm, that he had not taken adequate precautions...

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