CUTLER CRANBERRY CO. v. OAKDALE ELEC. COOPERATIVE

No. 75-339.

78 Wis.2d 222 (1977)

254 N.W.2d 234

CUTLER CRANBERRY COMPANY, INC., Plaintiff-Appellant, v. OAKDALE ELECTRIC COOPERATIVE, and another, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 1, 1977.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Potter, Wefel & Nettesheim of Wisconsin Rapids.

For the respondents the cause was submitted on a joint brief by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and Hart, Wightman & Thurow of Madison.


HANLEY, J.

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...

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