SCHRONK v. GILLIAM

No. 4195.

380 S.W.2d 743 (1964)

Edward SCHRONK et al., Appellants, v. Homer GILLIAM et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 7, 1964.


Attorney(s) appearing for the Case

Wm. B. Martin, Tom Beard, Hillsboro, for appellants.

R. A. Kilpatrick, Cleburne, for appellees.


WILSON, Justice.

Appellees sued appellants for damage to their lands caused by poison dropped from an aircraft.

The only question in this case is whether it was necessary for plaintiffs to establish negligence as a basis for their recovery of damages to realty. There is no pleading of negligence. No question as to nuisance is presented. The case is not governed by statutes relating to aerial spraying. Texas has...

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