Summerfield v. Hines
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Action by Marie L. Summerfield and Sardis Summer-field, as her husband, against Walker D. Hines, as former Director-General of Railroads and as Federal Agent. From an order sustaining a demurrer to the complaint, plaintiffs appeal.
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Appeal from Second Judicial District Court, Washoe County; Edward F. Lunsford, Judge. Action by Marie L. Summerfield and Sardis Summer-field, as her husband, against Walker D. Hines, as former Director-General of Railroads and as Federal Agent. From an order sustaining a demurrer to the complaint, plaintiffs appeal. The following common-law principle has been long firmly established: “A common carrier of passengers for hire may not, by rule or otherwise, refuse to carry passengers who are not physically or mentally disqualified, and who tender full legal payment for carriage, upon any regular…
1Opinion of the Court
By the Court,
Ducker, J.:
This appeal is taken from the order of the lower court sustaining respondent’s demurrer to the first cause of action set out in the amended complaint. The demurrer to the second cause of action was overruled by the court, and it was stipulated by counsel that the order sustaining the demurrer to the first cause of action be made a final order. It was further stipulated that respondent’s time for answering be extended until ten days after the remittitur from the supreme court was filed in the lower court. We are therefore concerned only with the question raised by the…
2Cases cited3 opinions
- Lake Shore & Michigan Southern Railway Co. v. RosenzweigSupreme Court of Pennsylvania · 1886
- Ames v. Southern Pacific Co.California Supreme Court · 1904
- Dietrich v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1872
3Cited by1 opinion
- Duran v. MuellerNevada Supreme Court · 1963