Lee v. McLeod
Nevada Supreme Court
Appeal from tbe District Court of tbe Third Judicial District, Esmeralda County. The second instruction referred to in tbe opinion of tbe court reads as follows: “If tbe jury believe from the evidence tliat tbe defendant, McLeod, saw the plaintiffs while engaged in tbe construction of tbe mill, dam, and ditch, and was advised 'of their purposes, and saw plaintiffs expending large sums of mone}? in such improvements; and if defendant permitted plaintiffs to mate such…
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Appeal from tbe District Court of tbe Third Judicial District, Esmeralda County. The second instruction referred to in tbe opinion of tbe court reads as follows: “If tbe jury believe from the evidence tliat tbe defendant, McLeod, saw the plaintiffs while engaged in tbe construction of tbe mill, dam, and ditch, and was advised 'of their purposes, and saw plaintiffs expending large sums of mone}? in such improvements; and if defendant permitted plaintiffs to mate such improvements and expenditures without objection, and if defendant silently acquiesced in the making of such improvements, or…
1Opinion of the Court
By the Court,
Hawley, J.:
This case came before this court on appeal from an order ojl the court granting a nonsuit, and was remanded for a new trial. (12 Nev. 281.)
The issues involved are the same as in McLeod v. Lee et al., 14 Nev. 398. It is therefore unnecessary to repeat the history of the case.
1. It is urged that the evidence is insufficient to justify the verdict in favor of defendant. The evidence presented by this appeal is substantially the same as in the case of McLeod v. Lee. A re-examination of the testimony strengthens the conviction expressed in that case that the evidence is…
2Cases cited4 opinions
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
- Martin v. TidwellSupreme Court of Georgia · 1867
- Taylor v. Cal. Stage Co.California Supreme Court · 1856
- McLeod v. LeeNevada Supreme Court · 1879
3Cited by10 opinions
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
- Lehrer McGovern Bovis, Inc. v. Bullock Insulation, Inc.Nevada Supreme Court · 2008
- McLeod v. LeeNevada Supreme Court · 1882
- Flesher v. HaleWest Virginia Supreme Court · 1883
- Priest v. CafferataNevada Supreme Court · 1936
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