Legal Opinion

Electric Supply & Contracting Co. v. Consolidated Light & Railway Co.

West Virginia Supreme Court

Decided December 5, 1896PublishedCited by 7 opinions

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

  1. Long v. PerineWest Virginia Supreme Court · 1895
  2. Peshine v. SheppersonSupreme Court of Virginia · 1867
  3. Doane v. GlennSupreme Court of the United States · 1874
  4. State ex rel. Mundy v. AndrewsWest Virginia Supreme Court · 1894
  5. Hare v. ParkersburgWest Virginia Supreme Court · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Sayre v. WoodyardWest Virginia Supreme Court · 1909
  2. Berry v. Huntington Masonic Temple Ass'nWest Virginia Supreme Court · 1917
  3. Cable Co. v. MathersWest Virginia Supreme Court · 1913
  4. Irons v. BlasWest Virginia Supreme Court · 1922
  5. Newmark Grain Co. v. Elkins Provision & Storage Co.West Virginia Supreme Court · 1925

2 more not listed; retrieve them via the Exa API.

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