Summary
In Redwine v. Fitzhugh, 78 Wyo. 407, 329 P.2d 257, reh. denied 78 Wyo. 426, 330 P.2d 112, 72 A.L.R.2d 664, the court was considering the measure of damages for the destruction of a growing crop. It held that the correct measure of damage was the value of the crop at the time it was destroyed.
Summary of this case from Tenneco Oil Company v. GaffneyOpinion
Appeal from District Court, Converse County; Vernon G. Bentley, J.
On petition for rehearing. Rehearing denied.
For former opinion see 329 P.2d 257.
A. Joseph Williams, Cheyenne, for appellant.
Before BLUME, C. J., and HARNSBERGER and PARKER, JJ.
Justice HARNSBERGER delivered the opinion of the court.
The appellant asks rehearing on the theory that in examining the decision of the lower court this court had given consideration to the degree of the crop maturation. This premise is completely incorrect, as we expressly refused to speculate upon the degree of the crop maturation and there was no evidence brought to us by the appeal on that subject.
The petition for rehearing must, therefore, be denied.
Denied.