Andreen

This is an appeal by defendant Escondido Citrus Union, a corporation, from a judgment entered against it upon a verdict of a jury in the sum of $2,250.

i Plaintiff brought this action for damages, charging that his lemon orchard was damaged by being fumigated by the agents of defendant in a careless and negligent manner and under unfavorable climatic conditions.

The defendant and appellant is a California corporation. The stock of the corporation is held by respondent and various other owners of citrus orchards in the vicinity of Escondido, San Diego County. Stock of the corporation is sold to citrus growers upon the basis of one share of stock for every one hundred trees owned by them. The corporation operates a packing plant and markets the crops of its members, charging for such services only the necessary expenses of such operations. No dividends are paid; the corporation being operated for the benefit of its members. It maintains a “fumigation crew” and the necessary equipment and paraphernalia for fumigating orchards. The fumigation work is done only for the members of the corporation and at actual cost.

It is alleged in the complaint that plaintiff is the owner of nine…