Radel v. Lesher

Citations

• 137 F. 719
• 70 C.C.A. 411
• 1905 U.S. App. LEXIS 4192

Syllabus

<p>1 Trial—Questions for Jury—Conflict of Evidence.</p> <p>Where the decisive question at issue in an action was whether the construction of an electric railroad by plaintiffs for defendant was under an express contract, or under general authority given by defendant, which virtually made plaintiffs his agents in the doing of the work, and the testimony as to the conversation between the parties by which the arrangement was made was iU direct conflict, such issue was properly submitted to the jury.</p> <p>2.'Same—Reception of Evidence.</p> <p>A situation is oftentimes presented on a trial where evidence is material and competent upon one theory of the case, while it would be neither material nor competent upon the theory on which the adverse party is proceeding, and in such case, when the correct theory depends upon questions of fact it is not error to admit such evidence to be considered by the jury under proper instructions.</p> <p>S. Same—Measure of Damages.</p> <p>In an action to recover for the building of a line of electric railroad, which plaintiffs alleged was done under a general authority from defendant, which in effect made them his agents in doing the work, the right of recovery on such theory was not upon a quantum meruit, and it was not error to admit evidence on behalf of plaintiffs showing the amount actually expended by them for labor and materials.</p>