66.900 Tort Damages; Chemical Damage to Crops

66.900 Tort Damages; Chemical Damage to Crops If you believe that the plaintiff is entitled to recover, you should look to the evidence to determine the amount of such damage. In determining such amount, you should consider the condition of the crop before the application of the chemical; its stage of development; the method of cultivation and husbandry; the probable yield of the crop had it not been damaged; its probable value at maturity had it not been damaged; the value of the damaged crop at maturity; and the cost of producing the crop. Considering all these factors, you should award to the plaintiff, if you believe plaintiff is entitled to recover, the difference between the net value of the damaged crop at maturity and the net value it would have had if it had not been damaged. By net value, I mean the amount for which the crop sold or for which it would have sold less the cost of producing the crop. Ayers v. John B. Daniel Co., 35 Ga. App. 511 (1926) Kitchens v. Lowe, 139 Ga. App. 526, 531 (1976) Farmers Mutual Exchange of Baxley v. Dixon, 146 Ga. App. 663, 665 (1978) Bass v. Carpenter, 152 Ga. App. 298 (1979)