Powell v. Nevada, California & Oregon Railway
Nevada Supreme Court
Petition for rehearing by appellant upon the Supreme Court affirming the judgment of the District Court. [For former opinion, see page 40 of this volume.] The facts sufficiently appear in the opinion. I. The-evidence is insufficient to justify the verdict, which is excessive, and contrary to law.
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Petition for rehearing by appellant upon the Supreme Court affirming the judgment of the District Court. [For former opinion, see page 40 of this volume.] The facts sufficiently appear in the opinion. I. The-evidence is insufficient to justify the verdict, which is excessive, and contrary to law. The appellate court, in determining the questions here presented as to the insufficiency of the evidence, should weigh the evidence taken altogether, and, even if there be substantial conflicts therein, should render its decision in accordance with the fair preponderance thereof. The history of…
1Opinion of the Court
By the Court,
Talbot, J.:
The decision of this court herein was rendered December 24,1904 (see page 40 of this volume). A petition for rehearing was filed January 23, 1905. The order granting the rehearing did not limit the purposes for which the rehearing might be had, although the main inducement for granting one was the statement in the petition that this court had omitted to particularly consider in its opinion plaintiff’s instruction No. 10, the giving of which to the jury is said by the appellant to be the basis of one of its main assertions that the district court erred. The briefs and…
2Cases cited49 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Union School Township v. National BankIndiana Supreme Court · 1885
- House v. MetcalfSupreme Court of Connecticut · 1858
- Kellogg v. CochranCalifornia Supreme Court · 1890
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3Cited by8 opinions
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Duncan v. MackArizona Supreme Court · 1942
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Gamble v. HanchettNevada Supreme Court · 1912
- Babcock & Wilcox Co. v. NoltonNevada Supreme Court · 1937
3 more not listed; retrieve them via the Exa API.