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Jerald Kurth and Connie Kurth Plaintiffs and Appellees v. Aerial Blades, Inc. Defendant and Appellant [2001 SD 118] South Dakota Supreme Court Appeal from the Circuit Court of The Fifth Judicial Circuit McCook County, South Dakota Hon. Boyd L. McMurchie, Judge Timothy W. Bjorkman and Mike C. Fink of Bjorkman & Fink, P.C. Bridgewater, South Dakota Attorneys for plaintiffs and appellees Danny R. Smeins Webster, South Dakota Attorney for defendant and appellant Considered on Briefs August 28, 2001 Opinion Filed 9/26/2001 #21801 GILBERTSON, Justice [¶1.] By a grant of summary judgment, Aerial Blades was found liable for wrongful injury to trees and ordered to pay treble damages to Kurths pursuant to SDCL 21-3-10. We reverse and remand for trial. FACTS AND PROCEDURE [¶2.] On the morning of May 13, 1998, Wade Hursey (Hursey), employee of Aerial Blades, Inc. (Aerial Blades), began spraying the chemical Tordon 22K with an aerial spray helicopter to a pasture adjacent to Jerald and Connie Kurth

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South Dakota Law