Bunting v. Central Pacific Railroad
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion I. The evidence is insufficient to justify the verdicts in these cases; because the whole evidence shows that the appellant was guilty of no negligence, and that the respondents were. (Testimony reviewed at length.) II.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion I. The evidence is insufficient to justify the verdicts in these cases; because the whole evidence shows that the appellant was guilty of no negligence, and that the respondents were. (Testimony reviewed at length.) II. The whole case showed that the plaintiffs were guilty of contributory negligence; and demonstrated that they could have seen and heard the train by the ordinary exercise of the faculties of seeing and bearing; and could have known of tbe approach of the…
1Opinion
RESPONSE TO PETITION FOR REHEARING.
By the Court,
Hawley, J.:
• In my opinion the decision heretofore rendered is sufficiently explicit upon all the points discussed in the petition for rehearing; but there are two questions presented which we will answer.
1. “Was there a substantial conflict in the testimony offered by the respective parties upon the question as to whether the plaintiffs might have seen the train of the de-*293fenclant had they looked, and might they have heard the train of the defendant had they listened ?”
We think, and it is so announced in the opinion of the court, that there is…
2Cases cited5 opinions
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- In Re the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1878
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1879
- Moore v. Central RailroadSupreme Court of Iowa · 1874
- Cohen v. Eureka & Palisade RailroadNevada Supreme Court · 1879