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Torts Keyed to Dobbs
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Boroughs v. Joiner
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Plaintiff alleged that Defendant subcontracted a third party, Carter, to spray Joiner’s crops with insecticide. Boroughs contended that Carter used an intrinsically dangerous chemical, which he sprayed from an aircraft, which contaminated his pond, killing the fish and depreciating the value of his property. The trial judge granted Defendant’s Motion for Summary Judgment on the ground that Carter was an independent contractor. Boroughs appealed.
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