Electric Supply & Contracting Co. v. Consolidated Light & Railway Co.
West Virginia Supreme Court
I. — Depositions can not be retaken without leave of Court first had. —IDan. Ch. Prac. (Cooper) page 952ef seg./lBart. Law Practice (2nd Ed.) 448-449; 4 Minor’s Insts. 846-847; 3 G-reenl.
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I. — Depositions can not be retaken without leave of Court first had. —IDan. Ch. Prac. (Cooper) page 952ef seg./lBart. Law Practice (2nd Ed.) 448-449; 4 Minor’s Insts. 846-847; 3 G-reenl. Ev. 307; 82 Ya. 831; 80 Ya. 58; 17 Gratt. 188. II. — Instructions based upon an hypothesis, which there is no evidence tending to support, is improper. — 27 W. Ya. 139; 7 W. Ya. 715; 12 W. Ya. 699 (syl. 5.); 14 W. Ya. 708 (syl. 3 and 4); 18 W. Ya. 767 (syl. 2); 21 W. Ya. 394. III.— When contract is prevented from being performed, by the employer, the measure of damages recoverable by the contractor are the…
1Opinion of the Court
Brannon, Judge:
This is an action by the Electric Supply & Contracting Company against the Consolidated Light & Railway Company to recover pay for repairing an arc armature, resulting in a verdict and judgment for the plaintiff, and the defendant appeals.
One assignment of error is that the court allowed the plaintiff to read a deposition of a witness whose deposition had already been taken, the objection being that no leave of court was given to retake the deposition; but this objection ought to have been made the ground of an exception before the trial, and not first made when offered at the…
2Cases cited6 opinions
- Long v. PerineWest Virginia Supreme Court · 1895
- Peshine v. SheppersonSupreme Court of Virginia · 1867
- Doane v. GlennSupreme Court of the United States · 1874
- State ex rel. Mundy v. AndrewsWest Virginia Supreme Court · 1894
- Hare v. ParkersburgWest Virginia Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Newmark Grain Co. v. Elkins Provision & Storage Co.West Virginia Supreme Court · 1925
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