(DOWNLOAD) "City of Kemmerer v. Wagner" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: City of Kemmerer v. Wagner
- Author : Supreme Court of Wyoming
- Release Date : January 30, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The primary issue posed in this case is whether the trial court correctly ordered a new trial on the issue of damages after ruling an exhibit incorporating information about damages was received into evidence improperly. Both parties argue a new trial on the issue of damages is not appropriate. The City of Kemmerer (Kemmerer) contends it was entitled to judgment on the question of liability as a matter of law because Thomas S. Wagner and Patricia M. Wagner (Wagners) did not file a correct claim since they were involved in a partnership, and the other partner did not execute the claim. Consequently, Kemmerer contends no new trial on the issue of damages should be permitted. It appends an issue relating to inadequacy of the proof of damages. The Wagners, in their separate appeal, request reinstatement of the jury verdict, contending the trial court erroneously ordered a new trial on the issue of damages because damages were proved in a proper way. We hold the trial court correctly ruled the evidence of damages found in the claim submitted by the Wagners was received into evidence improperly and correctly ordered a retrial on the issue of damages. We affirm the trial court in the appeal by Kemmerer, concluding there was no partnership; therefore, Kemmerer was not entitled to a directed verdict on the issue of damages. We affirm the trial court in the appeal by the Wagners, holding the claim should not have been received into evidence, and this error affected the determination of damages. The case is remanded for a new trial on the issue of damages according to the order of the district court.
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