Pacific Guano Co. V. Ellis

Over the company's objection the court permitted Ellis to submit rebuttal evidence to the effect that in 1954 he farmed 310 acres of land 2 1/2 miles west of the land involved herein, 230 acres to cotton; that he used the same sprinkler system with the same pumping equipment, with the same frequency of sets; and that it produced approximately 1 1/2 bales per acre. The court properly admitted this testimony. One of the main contentions of the company is that insufficient water was the cause of the low yield. The jury could infer that under substantially the same conditions with substantially the same amount of water, 1 1/2 bales per acre could be produced on adjoining land.