Hall v. Pioneer Crop Care

The opinion of the court was delivered by This is an appeal in an action for damages occasioned by the accidental aerial spraying of the appellees' timberland with brush killer on May 23, 1970. The case was tried on January 19, 1972, to a jury which returned a verdict in favor of W. Milford Hall and Norma J. Hall (plaintiffs-appellees) and against Pioneer Crop Care, Inc., (defendant-appellant) for actual damages in the sum of $1,500. The trial court withheld the entry of judgment upon the appellees' request to permit them to argue for treble damages pursuant to K.S.A. 21-2435 (repealed effective July 1, 1970.) The trial court overruled the defendant's motion to dismiss and awarded judgment to the plaintiffs on February 29, 1972, in the sum of $4,500 plus 8% interest per annum thereon.