J. L. Wilson Farms, Inc. v. Wallace

The majority holds that evidence of prior year crop yields is not a sufficient basis to sustain a jury’s damages determination. To the extent this court’s decisions are precedents, I believe we are setting a bad one, and unnecessarily so.

The standard measure of damages for loss of part of a growing crop is the market value of the crop measured by the expected yield less the cost of maturing, harvesting and marketing the crop. Dobbs, Remedies, § 5.2, p. 325 (1973). In this case the majority deems deficient the evidence as to the “expected yield” part of this formula. Without citation of…