Foster v. Agri-Chem, Inc.
Supreme Court of Oregon
385 P.2d 184 (1963)
Relevant factsFree
Foster (plaintiff) sued Agri-Chem (defendant) alleging over-fertilization reduced his crop yield; Agri-Chem's researchers testified about routine fertilizer-amount tests they conducted, which they said showed Foster's alleged loss couldn't have occurred, and testified the test conditions were similar to Foster's actual planting conditions apart from immaterial differences. The judge admitted the test results, and the jury found for Agri-Chem; Foster appealed, arguing the test conditions weren't shown to be substantially similar to his actual conditions.
IssueFree
Whether the judge has discretion to admit test result evidence even if the test was not conducted to specifically replicate the conditions at issue.