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HAGER v. ROMINES

No. 2-95-066-CV.

913 S.W.2d 733 (1995)

Anthony Ray HAGER, Individually and d/b/a Hager's Flying Service, Appellant, v. Thomas R. ROMINES and Betty Romines, Appellees.

Court of Appeals of Texas, Fort Worth.

December 28, 1995.

Attorney(s) appearing for the Case

Stephen C. Howell, Stephen L. Tatum, Geffrey W. Anderson, Brown, Herman, Scott, Dean & Miles, L.L.P., Fort Worth, for appellant.

Ron Poole, William K. Altman & Associates, Wichita Falls, for appellee.

Before LIVINGSTON, BRIGHAM and HOLMAN, JJ.

OPINION

LIVINGSTON, Justice.

Thomas and Betty Romines grew tomatoes and jalapeños on one-half acre of land in Clay County, Texas. When their plants began dying from exposure to herbicide, they sued Hager Flying Service and Anthony Ray Hager, who had applied herbicide from a crop dusting airplane to a nearby field the same day the Romineses noticed that their tomato plants were sick. At trial, the court denied Hager's motion for instructed verdict. The...

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