Slinger v. Farmers Mutual Hail Insurance

Opinion written by Justice Claussen, adopted by the court.

This action was brought to recover on a policy insuring crops against damage by hail. In the .case before us the crops were not totally destroyed, so in order to determine the amount of recovery it became necessary to establish the percentage of loss due to the hail.

In the course of the trial the actual yield per acre of the damaged fields was shown. Plaintiff then sought to establish, and over objection was permitted to prove, the yield of the land in an average year, taking into consideration the condition of the fields at the time…