Spyres

This is an appeal from a judgment in the amount of $5,000 entered upon a jury verdict in an action for damages for the poisoning of plaintiffs’ cattle by defendant.

Plaintiffs, residing in a rural area, are engaged in farming, as well as the feeding of beef cattle. Defendant is a crop duster. While the latter was engaged in spreading insecticide on an orchard immediately adjacent to plaintiffs’ property, the insecticide drifted onto plaintiffs’ feed lot. As a result, alfalfa, which plaintiffs were then feeding to their cattle, became contaminated, causing the cattle to become ill. The cattle in question were being readied for market sometime around *544 September 15, but because of the poisoning they lost weight and could not be sold until the months of October and November.

Defendant’s sole attack upon the judgment is that “the record fails to indicate wherein damages in the amount of $5,000 have been shown.” In support of such contention he proceeds to itemize plaintiffs’ damages, using evidence most favorable to himself, and arrives at a figure less than the amount awarded by the jury. In so doing, he computes plaintiffs ’ loss due to the drop in the market price in steers,…