Legal Opinion

Western Union Telegraph Co. v. Monseau

Wyoming Supreme Court

Decided May 15, 1870PublishedCited by 7 opinions

Error to the District Court for Laramie County. This action was brought by Monseau, defendant in error, to recover of the Western Union Telegraph Company the sum of one thousand six hundred and ninety-six dollars and fifty cents and interest, for seven hundred and fifty-four telegraph poles alleged to have been sold and delivered to said company, at its request, for the price of 'two dollars and fifty cents for each pole.

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Error to the District Court for Laramie County. This action was brought by Monseau, defendant in error, to recover of the Western Union Telegraph Company the sum of one thousand six hundred and ninety-six dollars and fifty cents and interest, for seven hundred and fifty-four telegraph poles alleged to have been sold and delivered to said company, at its request, for the price of 'two dollars and fifty cents for each pole. The answer contained a general denial, and the cause came on for trial before Chief Justice Ho we. and a jury. The evidence introduced by the plaintiff directly tended to…

1Opinion of the Court

By the Court,

Kingman, J.

This ease came up on error from the first judicial district. The exception taken in the court below was to the ruling of the judge refusing to set aside the verdict, on the ground that there was not sufficient evidence to sustain a verdict for the plaintiff.

The law as given to the jury is not objected to by counsel for the defendant, and this court does not differ with counsel as to the law as now contended for by him. The only question here is, did the jury find their verdict without evidence, or against the evidence, so that it cannot be sustained.

The rule of law in…

2Cited by7 opinions

  1. Ketchum v. DavisWyoming Supreme Court · 1887
  2. Rainsford v. MassengaleWyoming Supreme Court · 1894
  3. Clarke v. VandermeerWyoming Supreme Court · 1987
  4. Clarke v. VandermeerWyoming Supreme Court · 1987
  5. Kinney v. BarnhiselWyoming Supreme Court · 1938

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