Cutler Cranberry Co. v. Oakdale Electric Cooperative

Two issues are presented on appeal:

1. Was the evidence of the average of previous years’ production inadmissible to prove the amount of cranberries lost due to frost damage caused by the power failure?

2. Did the plaintiff establish its damages to a reasonable certainty?

Admissibility of Evidence

At the trial, Cutler presented the testimony of Bruce Potter, president of Cutler, who gave his opinion that Cutler lost 853 barrels of cranberries on the 26.44 acres due to the power failure. This figure of 853 barrels, Potter testified, was the sum of the amounts lost of each of the four varieties of…