(Continued from Page Al 6)
Also crucial, according to one
legal adviser, is.the element of
cause. That is to say a plaintiff
suing for property damage must
prove that the damages actually
resulted from the negligent actions
of a farmer or an agent.
For instance, with the ap
plication of chemicals, did the
farmer or chemical applicator use
defective equipment? Did the
farmer apply chemicals too close
to the fence line, making it easier
for neighboring livestock to reach
through and eat the treated plants?
Did the applicator spray on a
windy day-when particles were
likely to r drift to., the crops of
others? Did the fanner fail to give
neighboring landowners warning
before spraying? And did the
aerial applicator, fail to cut off the
spray equipment when making
turns over the trops of others?
If the answer to any of these and
other similar ones is yes, then the
legal expert says the court .could
decide that the farmer or the
applicator did not exercise
reasonable care. Then the court
would have to determine whether
the likelihood of danger was
foreseeable and finally whether
the pesticide was actually the
cause of the damage. Only then,
after determining breach of or
dinary care, foreseeability of harm
and causation, will a court bold the
J Ni
RDI, Box 444 A, New Holland, PA 17557
Ph0ne:(717)354-6148
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New Holland, PA 17557
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Farm Talk
farmer or an agent liable in
negligence.
Here’s a problem that often
comes up in farm legal battles.
“What if a fanner hires workers
who apply a pesticide negligently,
resulting in damages to a neigh-'
boring farm? Is the farmer liable
for the negligence of workers?
My legal source says that the
general rule states that a farmer
may be liable for negligent acts of
employees, but not the negligent
acts of independent contractors.
There may be a fine line there,
one that would have to be
sorted out in court with the liability
depending on the interrelation of
an employee and an independent
contractor.
Basically the courts have said
that the difference rests with the
amount of control that the em
ployer is entitled to exercise over
the worker. If free to carry out the
job without detailed supervision,
the worker might be legally
classified as an independent
contractor. Most commercial crop
dusting operators are in that
category.
Workers who are subject to close
and detailed supervision, however,
are legally classified as em
ployees. There’s a subtle dif
ference that could probably only be
determined in court, but in general
it points to the necessity of hiring
experienced, qualified contractors
Jt’s beginning to took a lot like
Christmas! We hope yon enjoy this time
to the fullest,.. along with our
appreciation for your kindness.
yw&.v»kj«i
I J.M. HORST |
| SERVICE CO. |
I Box 231, Quentin, Pa. |
Lancaster to
LANCASTER Northeast Egg
Marketing Association plans to
hold its spring seminar for egg
producers here on Thursday. April
1,1982.
Members will gather for a one
day conference at Quality Inn, 500
Centerville Road, Lancaster.
In announcing the event,
NEMA’s General Manager Wm. S._
Rent said. “Our directors feel it is
appropriate to bring this session to
the heart of the Pennsylvania
white egg basket. Invitations have
gone out to Francis Riley of Boaz,
Alabama, newly elected chairman
of the Board of United Egg
Producers and to A 1 Pope,
and providing close supervision to
employees involved in such risky
farm jobs. It may also be a good
idea to carry some liability in
surance.
Many fanners would also benefit
from a little serious consideration
for their neighbors before they
start creating these kinds of
hazards. In today’s society, a
smelly livestock operation
probably won’t be tolerated by
rural neighbors. Likewise they
won’t endure pesticide drift that
damages their gardens and kills
their bees. And it won’t be too
surprising to see farmers hauled
into court over contaminated well
water and other similar runoff
problems.
host NEMA spring seminar
president of that organization.
Because of their close, daily in
volvement in UEP affairs, both are
uniquely able to evaluate the many
changes taking place in the egg
industry.”
“This meeting will be designed
to offer a prime opportunity for
NEMA members to invite industry
neighbors and associates to learn
more about our national egg
cooperative and its regionals,”
Rent continued. “I know that
Francis Riley and A 1 Pope will
welcome the chance to talk to
producers at a point in the Nor-
Fischer’s Holstein tops
Fulton Co. DHIA
McCONNELLSBURG - Crystal
Spring dairyman, J. Dale Fischer
led Fulton County with 18,495
pounds of milk and 670 pounds of
fat at the close of the county DHIA
33rd year.
Fischer’s 7-year-old Holstein
topped the county for milk with
25,814 pounds. A 2-year-old
Holstein, owned by Morotai Farms
of Neemore, finished With a high
fat production of 1,054.
Three herds finished with more
than 600 pounds of fat. They in
clude: Fischer, Morotai with 15,940
pounds of milk and 637 pounds of
fat; and Wallace Mellott,
on
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Lancaster Farming, Thursday, December 24,1981—A25
theast where so much is happening
relative to egg production.’ ’
NEMA is being urged to again
invite to this seminar, Attorney
George Isaacson of Lewiston,
Maine. He is an expert in affairs
involving labor relations, labor law
and workmen’s compensation
matters. Past appearances at
NEMA gatherings have sparked
intense interest.
As final details of the seminar
are developed, it will be an-,
nounced. Industry people who
want to attend the session should
write NEMA, P.O. Box MM,
Durham, New Hampshire 03824.
Harrisonville with 11,680 pounds of
milk and 620 pounds of fat.
The Fulton County DHIA is
comprised of: President—Earl
Gordon; Vice President—Donald
Bard; Secretary-Treasurer—Betty
Hine; Directors—Frank Palmer,
John Carpenter, and Ed Swope;
Supervisors—Harry McMullen and
Judy McMullen.
Fulton County's 1,375 cows on
test finished with averages of
14,244 pounds of milk and 536
pounds of fat. Thirty-seven whole
year herds and five Owner-
Sampler herds completed the 1981
testing year.
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FREE
ESTIMATES
BRUNING