Potter v. Los Angeles & Salt Lake Railroad
Nevada Supreme Court
Appeal from Tenth Judicial District Court, Clark County; J. Emmett Walsh, Judge. Action by Robert J. Potter against the Los Angeles and Salt Lake Railroad Company, a corporation. Judgment for plaintiff, and defendant appeals. It is clear from the substance of the pleas that they refer only to the second count, and are not set up as a defense to the whole action.
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Appeal from Tenth Judicial District Court, Clark County; J. Emmett Walsh, Judge. Action by Robert J. Potter against the Los Angeles and Salt Lake Railroad Company, a corporation. Judgment for plaintiff, and defendant appeals. It is clear from the substance of the pleas that they refer only to the second count, and are not set up as a defense to the whole action. “If a plea does not relate to every count, and does not specify the particular counts to which it does refer, but it is clear from the substance of the plea what count it in fact refers to, this is sufficient.” 81 Cyc. 143. Motions to…
1Opinion of the Court
By the Court,
Coleman, C. J.:
Potter brought suit to recover damages for personal injury, and, judgment having been rendered against the railroad company, it has appealed.
1. A motion to dismiss the appeal has been interposed by respondent, upon the ground that, while the appeal is from the judgment, the error assigned and ruled upon is directed solely to an order made by the court sustaining a motion to strike certain affirmative matter pleaded in the answer. The motion must be denied. Section 5340 of the Revised Laws expressly provides that, upon an appeal from a judgment, the court may review…
2Cases cited6 opinions
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- Great Northern Railway Co. v. OtosSupreme Court of the United States · 1915
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Otos v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Sprague v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Qualls v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1931
- Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
- McGowan v. Denver & R. G. W. R. Co.Utah Supreme Court · 1952
- Klepper v. KlepperNevada Supreme Court · 1928
- Johns-Manville, Inc. v. Lander CountyNevada Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.