(Download) "Ernest v. Faler" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Ernest v. Faler
- Author : Supreme Court of Kansas
- Release Date : January 05, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This is an action to recover damages resulting from alleged
negligence in the application of a chemical pesticide by an
aerial sprayer, the defendant-appellee, Robert D. Faler, who
operates Bob Faler Aerial Spray Service. On June 4, 1982, the
defendant sprayed a pesticide on real property adjacent to the
property of the plaintiff, Bill Ernest, in Montgomery County. In
his petition, plaintiff alleged that some of the chemical spray
drifted over to plaintiff's real estate and caused damage to
growing walnut trees in an amount in excess of $7500. Plaintiff, having noticed the damages to his trees, promptly
notified the Kansas Secretary of Agriculture, the defendant as
pesticide applicator, and the adjoining landowner. The Kansas
Department of Agriculture examined the property and took soil
samples. The department's report, which was filed on June 10,
1982, showed that the chemical 2, 4-D, a pesticide, was present [237 Kan. 126]