Dubois v. Phillips Petroleum Co.

PONDER, Justice.

The defendant has appealed from an adverse judgment in favor of the plaintiffs for the sum of $5,688.79, with legal, interest from judicial demand, for damages to a rice crop resulting from an overflow of oil from a battery of storage tanks owned and operated by the defendant. The defendant concedes liability but contends on this appeal that the award of damages is excessive.

The defendant takes the position that the yield of rice which could reasonably have been expected was 10.1 barrels of rice per acre and that the lower court was in error in basing its judgment on an…