Energy Transportation Systems, Inc. v. Mackey

I would affirm.

This case has now been tried twice to a jury. The first trial resulted in a verdict for the landowner in the amount of $49,995, Energy Transportation Systems, Inc. v. Mackey, Wyo., 650 P.2d 1152 (1982). The second trial resulted in a verdict for the landowner in the amount of $26,880. The majority would now send the case back for a third trial, not because the verdict is incorrect in amount, but because the jury didn’t “do it” right. When form takes precedence over substance, something is wrong with what is occurring.

Section l-26-702(b), W.S.1977, Cum. Supp.1983, states:

“(b) If…