BURNETTE v. MORGAN

No. 89-351.

794 S.W.2d 145 (1990)

303 Ark. 150

Norman L. BURNETTE, d/b/a Burnette Flying Service, Appellant, v. Billy MORGAN, Appellee.

Supreme Court of Arkansas.

July 16, 1990.


Attorney(s) appearing for the Case

Phil Hickey, Forrest City, for appellant.

B. Michael Easley, Forrest City, Dan Burge, Blytheville, Robert Ford, Wynne, for appellee.


TURNER, Justice.

This appeal is from a jury verdict awarding $109,256.60 in damages to the appellee, the holder of a leasehold interest. The damages resulted from the drifting of sodium chlorate, a chemical applied aerially to a wheat crop, onto adjacent apple orchards and a peach orchard leased by the appellee.

At the time of the occurrence, in May, 1985, the appellee had about nineteen months remaining on a five-year lease of a fifty-acre apple orchard,...

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