Kester v. Wagner
Wyoming Supreme Court
Error to the District Court, Sheridan County; Hon. Carroll I-I. ParmElee, Judge. The action was brought by Ernest A. Kester against William E. Wagner to recover damages for an alleged trespass, the plaintiff claiming exemplary as well as actual damages. There was a verdict for the plaintiff, including exemplary damages, and a new trial was granted on motion of the plaintiff, on the refusal of the defendant to remit the amount of the exemplary damages.
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Error to the District Court, Sheridan County; Hon. Carroll I-I. ParmElee, Judge. The action was brought by Ernest A. Kester against William E. Wagner to recover damages for an alleged trespass, the plaintiff claiming exemplary as well as actual damages. There was a verdict for the plaintiff, including exemplary damages, and a new trial was granted on motion of the plaintiff, on the refusal of the defendant to remit the amount of the exemplary damages. Thereupon the plaintiff refused to further prosecute the action in the trial court and judgment was entered dismissing the same. The plaintiff…
1Opinion of the Court
Beard, Justice.
This is an action brought by the plaintiff in error against the defendant in error to recover damages for an alleged *517trespass upon certain lands to which plaintiff claimed the right of possession. The damages claimed consisted of the consuming of the pasture on the land and about one ton of hay, by defendant’s sheep. The value of the pasture was. alleged to be one hundred dollars, and the value of the hay ten dollars. It was further alleged in the petition that in the commission of the unlawful acts complained of the defendant acted vindictively and maliciously and in wanton…
2Cases cited3 opinions
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Clark v. Great Northern Railway Co.Washington Supreme Court · 1905
- McMahon v. the Rhode Island CompanySupreme Court of Rhode Island · 1911
3Cited by10 opinions
- Cody v. AtkinsWyoming Supreme Court · 1983
- Brasel & Sims Construction Co. v. Neuman Transit Co.Wyoming Supreme Court · 1963
- Carlson v. CarlsonWyoming Supreme Court · 1992
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Long v. ForbesWyoming Supreme Court · 1943
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