Leitch

In its background and general aspects this ease is like Sacramento Suburban Fruit Lands Co. v. Melin (No. 5671) 36 F.(2d) 907 , this day decided.

In the course of the trial the appellees called as a witness a young man, Herbert C. Davis, as an horticultural expert. After explaining his educational qualifications, he testified that for about seven years he was manager for United Orchards Company in the development and handling of about 100 acres of orchard lands at Antelope, a part of which adjoined the Rio Linda tract, and that these lands were somewhat similar to the Rio Linda lands. Whereupon the following occurred:

Appellant assigns the exception thus noted as one of the errors relied upon in this appeal. Upon an issue such as was herein involved, there is always difficulty in resorting to experience and observation upon other lands as a basis for determining the character and productivity of the lands in question. Where the land in suit is of a uniform character and the lands compared therewith are also of uniform character, and it is shown that the two tracts are similar, experience upon the one may with safety be resorted to as of probative value. But, admittedly, within…