Legal Opinion

Konig v. Nevada-California-Oregon Railway

Nevada Supreme Court

Decided July 15, 1913No. 2017PublishedCited by 31 opinions

Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by William Konig against the Nevada-California-Oregon Railway. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Heard on motion to dismiss the appeal and on the merits. Motion denied, and judgment and order reversed, and new trial granted, unless plaintiff consents to a modification of the judgment. The facts sufficiently appear in the opinion.

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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by William Konig against the Nevada-California-Oregon Railway. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Heard on motion to dismiss the appeal and on the merits. Motion denied, and judgment and order reversed, and new trial granted, unless plaintiff consents to a modification of the judgment. The facts sufficiently appear in the opinion. Plaintiff’s complaint shows that the act of the plaintiff was the proximate cause of the injury. (Longabaugh Case, 9 Nev. 294:…

1Opinion of the Court

By the Court,

McCarran, J.:

This is an action wherein William Konig, plaintiff and respondent, brought suit in the Second judicial district court against the appellant herein, Nevada-California-Oregon Railway, a corporation. The respondent, a man about 58 years old and of foreign birth, had been in the employ of the defendant company for a period of about seven years, during which time he had been more or less constantly engaged as a millman, performing services in and about appellant’s mill, and operating machinery and equipment therein, among which was a circular ripsaw fourteen inches in…

2Cases cited86 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Hough v. Railway Co.Supreme Court of the United States · 1880
  3. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  4. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  5. Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888

81 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. State v. BreitNew Mexico Supreme Court · 1996
  2. Miller v. SchnitzerNevada Supreme Court · 1962
  3. Drummond v. Mid-West Growers Cooperative Corp.Nevada Supreme Court · 1975
  4. Wells, Inc. v. ShoemakeNevada Supreme Court · 1947
  5. Van Cleave v. Kietz-Mill Minit MartNevada Supreme Court · 1981

26 more not listed; retrieve them via the Exa API.

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