Legal Opinion

Anderson v. Feutsch

Nevada Supreme Court

Decided July 15, 1909No. 1825PublishedCited by 9 opinions

Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by Sophia Anderson against C. Feutsch and another. From a judgment for plaintiff and an order denying a motion for new trial, defendants appeal. The facts sufficiently appear in the opinion. I. Section 271 of the Compiled Laws does not apply.

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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by Sophia Anderson against C. Feutsch and another. From a judgment for plaintiff and an order denying a motion for new trial, defendants appeal. The facts sufficiently appear in the opinion. I. Section 271 of the Compiled Laws does not apply. The title of that act is "An act to secure persons and animals from danger arising from mining and other excavations ” It has no relation to streets or excavations in streets. The words "other excavations” are ejusdem…

1Opinion of the Court

By the Court,

Norcross, C. J.:

This is an action brought by the plaintiff, respondent herein, against the defendants, appellants herein, to recover damages in the sum of $10,000 for personal injuries sustained by the plaintiff on account of falling into an excavation alleged to have been made by the defendants in the sidewalk on the south side of Miner Avenue, in the town of Goldfield, and in front of the premises of defendants, which said excavation, it is alleged, the defendants had negligently failed to properly safeguard to prevent accidents to pedestrians passing along and upon said Miner…

2Cases cited5 opinions

  1. Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
  2. Village of Jefferson v. ChapmanIllinois Supreme Court · 1889
  3. Barry v. TerkildsenCalifornia Supreme Court · 1887
  4. Colgrove v. SmithCalifornia Supreme Court · 1894
  5. Spence v. SchultzCalifornia Supreme Court · 1894

3Cited by9 opinions

  1. Orr Ditch & Water Co. v. Justice Court of Reno TownshipNevada Supreme Court · 1947
  2. McCall v. CarlsonNevada Supreme Court · 1946
  3. Perry v. Tonopah Mining Co. of NevadaDistrict Court, D. Nevada · 1915
  4. Gard v. United StatesDistrict Court, N.D. California · 1976
  5. Dailey v. FosterNew Mexico Supreme Court · 1913

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