Decatur County AG-Services, Inc. v. Young
Decision Date | 01 October 1981 |
Docket Number | No. 1-979A236,AG-SERVICE,INC,1-979A236 |
Citation | 426 N.E.2d 644 |
Parties | DECATUR COUNTY, Defendant-Appellant, v. Sylvester YOUNG, Plaintiff-Appellee. |
Court | Indiana Supreme Court |
This cause is before us upon the petition of Defendant (Appellant), Decatur County AG-Services, to transfer the cause from the Court of Appeals, First District, which affirmed a judgment in favor of Plaintiff with an opinion published at 401 N.E.2d 731.
Transfer is granted pursuant to Ind.R.App.P. 11(B)(2)(b) in that the Court of Appeals has erroneously decided a new question of law, i. e., the method to be used in determining the damages for destruction of a growing crop having no ready market value.
We adopt the statement of facts and issues as written by the Court of Appeals, as follows:
The trial court and the Court of Appeals erred in holding that the plaintiff's damages could be ascertained with reference to the price obtained by him when he sold his diminished crop the following year, as was Plaintiff's custom.
The rule was correctly expressed in Cutler Cranberry Co. v. Oakdale Electric Cooperative, (1977) 78 Wis.2d 222, 229, 254 N.W.2d 234, 238, as follows:
2
Accord, Gilliland v. Rodriguez, (1954) 77 Ariz. 163, 168, 268 P.2d 334, 337; Casey v. Nampa and Meridian Irrigation District, (1963) 85 Idaho 299, 304, 379 P.2d 409, 411-12; Martin v. Jaekel, (1971) Iowa, 188 N.W.2d 331, 333; F. A. Bartlett Tree Expert Co. v. Stamper, (1948) 306 Ky. 311, 314-15, 207 S.W.2d 752, 754; Mid-Continent Aircraft Corp. v. Whitehead, (1978) Miss., 357 So.2d 122, 125; Happy v. Kenton, (1952) 362 Mo. 1156, 1166, 247 S.W.2d 698, 705; Whitaker v. Earnhardt, (1976) 289 N.C. 260, 266-67, 221 S.E.2d 316, 320-21; Eichenberger v. Wilhelm, (1976) N.D., 244 N.W.2d 691, 697; Burke v. Thomas, (1957) Okl., 313 P.2d 1082, 1089-90; Cross v. Harris, (1962) 230...
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