Gotreaux v. Gary, No. 42510

CourtLouisiana Supreme Court
Writing for the CourtMOISE
Citation232 La. 373,94 So.2d 293
PartiesJulian GOTREAUX v. Roy GARY et al.
Docket NumberNo. 42510
Decision Date25 February 1957

Page 293

94 So.2d 293
232 La. 373
Julian GOTREAUX
v.
Roy GARY et al.
No. 42510.
Supreme Court of Louisiana.
Feb. 25, 1957.
Rehearing Denied April 1, 1957.

[232 La. 374] Charles C. Jaubert, Lake Charles, for appellant.

Herschel N. Knight, Jennings, for defendants-appellees.

MOISE, Justice.

Julian Gotreaux instituted this suit for damages in the sum of $2,405.75. It is alleged that Welsh Flying Service, Inc., sprayed 2, 4--D poisoning on the rice crop grown on Roy Gary's tenant farm on July 2, 1953, and that the wind carried the herbicide to plaintiff's crop--approximately 13.3 acres of cotton and 3 acres of peas--causing the destruction of all but one bale of cotton.

Defendants denied liability and plead lack of negligence by the use of due and reasonable care, relying on Act 502 of 1952, LSA-R.S. 3:1621, and the regulations of the Louisiana Department of Agriculture and Immigration.1

The trial court held defendants free from any negligence and dismissed plaintiff's action. Plaintiff's appeal to the Court of Appeal, First Circuit, was transferred to this Court.

[232 La. 375] Plaintiff contends that defendants' actions constituted a private nuisance, and that liability for damages resulting from the maintenance of a nuisance does not depend on a question of negligence.

The record discloses that defendant Gary employed Welsh Flying Service, Inc., to spray a tenant rice crop of 240 acres on July 2, 1953. Spraying operations were commenced before 8:30 A.M., and after that hour the pilot determined that the wind was too high to continue. Gary's farm lands were located some 3 1/4 miles south of plaintiff's farm, and the wind was blowing from the south on July 2, 1953. There is a dispute as to the wind's velocity at the time of the spraying; however, after the spraying, the wind reached a velocity higher than that permitted by the regulations.2 Plaintiff

Page 294

detected the oder of the poisoning on the morning of the operations, and when he went to the airport to request the discontinuance of the spraying Mr. Gary informed him that he was through for the day.

Plaintiff's testimony is to the effect that some eight to ten days after July 2, 1953, his cotton crop began to have curled leaves and his two crops became unproductive. His testimony is substantiated by that of adjoining[232 La. 376] farmers, which is to the effect that the 2, 4--D caused the destruction.

We find from the evidence that plaintiffs crops were destroyed and that it was from the blowing or drifting on plaintiff's crops of the herbicide sprayed by defendants.

Defendants have not proved that there were any other spraying operations conducted in the vicinity of plaintiff's farm on July 2, 1953, or within a short time before,3 and they have not disproved the fact that the 2, 4--D,...

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44 practice notes
  • Perkins v. F.I.E. Corp., Nos. 83-3451
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 17, 1985
    ...La.Ct.App.1965, 170 So.2d 125; Bruno v. Employers Liability Assurance Corp., La.Ct.App.1953, 67 So.2d 920. 14 Gotreaux v. Gary, 1957, 232 La. 373, 94 So.2d 15 Fontenot v. Magnolia Petroleum Corp., 1955, 227 La. 866, 80 So.2d 845; Wright v. Superior Oil Co., La.Ct.App.1962, 138 So.2d 688; Pa......
  • 94 1246 La.App. 1 Cir. 4/7/95, Haydel v. Hercules Transport, Inc.
    • United States
    • Court of Appeal of Louisiana (US)
    • April 7, 1995
    ...Chemical Corporation, 258 La. 1067, 249 So.2d 133 (1971) (escaping gas used in manufacture of petrochemical products); Gotreaux v. Gary, 232 La. 373, 94 So.2d 293 (1957) (crop dusting by airplanes); Fontenot v. Magnolia Petroleum Company, 227 La. 866, 80 So.2d 845 (1955) (blasting with 7 Od......
  • Richman v. Charter Arms Corp., Civ. A. No. 82-1314.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • October 5, 1983
    ...Corp., supra (storage of toxic gas); Craig v. Montelepre Realty Co., 252 La. 502, 211 So.2d 627 (1968) (pile driving); Gotreaux v. Gary, 232 La. 373, 94 So.2d 293 (1957) (crop dusting by airplanes); Fontenot v. Magnolia Petroleum Co., 227 La. 866, 80 So.2d 845 (1955) (blasting with explosiv......
  • Langlois v. Allied Chemical Corp., No. 50852
    • United States
    • Supreme Court of Louisiana
    • June 7, 1971
    ...hazardous activities of man flows from Civil Code Article 2315 by analogy with other Civil Code Articles. 11 In 1957 in Gotreaux v. Gary, 232 La. 373, 94 So.2d 293, recovery was allowed against both the landowner and his contractor, a flying service, for crop damage [258 La. 1082] from spra......
  • Request a trial to view additional results
44 cases
  • Perkins v. F.I.E. Corp., Nos. 83-3451
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 17, 1985
    ...La.Ct.App.1965, 170 So.2d 125; Bruno v. Employers Liability Assurance Corp., La.Ct.App.1953, 67 So.2d 920. 14 Gotreaux v. Gary, 1957, 232 La. 373, 94 So.2d 15 Fontenot v. Magnolia Petroleum Corp., 1955, 227 La. 866, 80 So.2d 845; Wright v. Superior Oil Co., La.Ct.App.1962, 138 So.2d 688; Pa......
  • 94 1246 La.App. 1 Cir. 4/7/95, Haydel v. Hercules Transport, Inc.
    • United States
    • Court of Appeal of Louisiana (US)
    • April 7, 1995
    ...Chemical Corporation, 258 La. 1067, 249 So.2d 133 (1971) (escaping gas used in manufacture of petrochemical products); Gotreaux v. Gary, 232 La. 373, 94 So.2d 293 (1957) (crop dusting by airplanes); Fontenot v. Magnolia Petroleum Company, 227 La. 866, 80 So.2d 845 (1955) (blasting with 7 Od......
  • Richman v. Charter Arms Corp., Civ. A. No. 82-1314.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • October 5, 1983
    ...Corp., supra (storage of toxic gas); Craig v. Montelepre Realty Co., 252 La. 502, 211 So.2d 627 (1968) (pile driving); Gotreaux v. Gary, 232 La. 373, 94 So.2d 293 (1957) (crop dusting by airplanes); Fontenot v. Magnolia Petroleum Co., 227 La. 866, 80 So.2d 845 (1955) (blasting with explosiv......
  • Langlois v. Allied Chemical Corp., No. 50852
    • United States
    • Supreme Court of Louisiana
    • June 7, 1971
    ...hazardous activities of man flows from Civil Code Article 2315 by analogy with other Civil Code Articles. 11 In 1957 in Gotreaux v. Gary, 232 La. 373, 94 So.2d 293, recovery was allowed against both the landowner and his contractor, a flying service, for crop damage [258 La. 1082] from spra......
  • Request a trial to view additional results

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