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Cross v. Berg Lumber Co.

Supreme Court of Wyoming
7 P.3d 922 (2000)


Facts

Berg Lumber Company (Berg Lumber) (plaintiff) sued Richard Cross (defendant) for the tortious conversion of a road grader, which was a piece of heavy machinery, and for replevin. Cross had initially borrowed the grader with Berg Lumber’s permission in order to repair damage done to Cross’s property by one of Berg Lumber’s contractors, but then retained the grader without permission despite Berg Lumber’s demands for the grader’s return. The trial court ordered Cross to return the grader to Berg Lumber and pay incidental damages in the amount of $83,400, which included repair of the engine, replacement of the cutting edge and batteries, tire replacement with depreciation taken into account, costs of attempted recovery of the grader, and loss of use. Loss of use was calculated based on the monthly rental value of the grader. Cross appealed, arguing that the trial court’s damage calculation was erroneous because the court had applied an erroneous legal standard.

Rule of Law

Issue

Holding and Reasoning (Lehman, J.)

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