Konig v. Nevada-California-Oregon Railway
Nevada Supreme Court
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
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
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3Cited by31 opinions
- State v. BreitNew Mexico Supreme Court · 1996
- Miller v. SchnitzerNevada Supreme Court · 1962
- Drummond v. Mid-West Growers Cooperative Corp.Nevada Supreme Court · 1975
- Wells, Inc. v. ShoemakeNevada Supreme Court · 1947
- Van Cleave v. Kietz-Mill Minit MartNevada Supreme Court · 1981
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