Section 5 Crops

• Library: Damages 2012

Generally, the measure of damages for total destruction of a growing crop is its fair market value at the time and place of destruction. The fair market value can be determined by estimating the probable yield, determining the value of the yield in the market, and subtracting the value of the labor and expenses that would have been expended in caring for and marketing the crop had it not been destroyed. Faire v. Burke, 252 S.W.2d 289 (Mo. 1952); McCrory v. Monroe, 336 S.W.2d 118 (Mo. App. S.D. 1960).

An exception is when the crop is a perennial, such as bluegrass or strawberries, rather than an annual plant. In that case, when the roots are destroyed, the cost of reseeding or replanting, as well as the reasonable rental of the area destroyed, is the ordinary measure of damages. Knowles v. Moore, 622 S.W.2d 803 (Mo. App. S.D. 1981); Miller v. Sabinske, 322 S.W.2d 941 (Mo. App. W.D. 1959); Venie v. S. Cent. Enters., Inc...