Legal Opinion

McLeod v. Miller & Lux

Nevada Supreme Court

Decided July 15, 1917No. Nos. 1944 and 1967Published

Appeal from First Judicial District Court, Lyon County; Frank P. Langan, Judge. Action by Angus McLeod against Miller & Lux, Pacific Livestock Company, John B: Gallagher, and J. C. Snyder, administrator of the estate of Charles Snyder, deceased. From a judgment for plaintiff, defendants appeal. (McCarran, J., dissenting). The complaint does not state-a cause of' action, the findings do not support the judgment, and the facts do not show any legal liability.

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Appeal from First Judicial District Court, Lyon County; Frank P. Langan, Judge. Action by Angus McLeod against Miller & Lux, Pacific Livestock Company, John B: Gallagher, and J. C. Snyder, administrator of the estate of Charles Snyder, deceased. From a judgment for plaintiff, defendants appeal. (McCarran, J., dissenting). The complaint does not state-a cause of' action, the findings do not support the judgment, and the facts do not show any legal liability. No direct trespass is alleged or claimed, nor is it alleged or claimed that the dam directly overflowed the land. If injury is merely…

1Opinion

On Rehearing

By the Court,

Coleman, J.:

Since this case was formerly before us, Angus McLeod has died, and on motion Mason E. McLeod and Charles A. McLeod, executors of his last will and testament, have been substituted.

When this case was before us originally, we did not consider the assignment of error relied upon by appellants which goes to the alleged erroneous ruling of the court upon the motion for a change of venue, for the reason that as we were of the opinion that the judgment should be reversed for other reasons, we did not think it necessary to consider that assignment, in view of the…

2Cases cited6 opinions

  1. Turner v. HartMichigan Supreme Court · 1888
  2. McLeod v. LeeNevada Supreme Court · 1882
  3. Allen v. Thornapple Electric Co.Michigan Supreme Court · 1906
  4. Hand v. Catawba Power Co.Supreme Court of South Carolina · 1911
  5. Treat v. BatesMichigan Supreme Court · 1873

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