Whitten v. Nevada Power, Light & Water Co.
U.S. Circuit Court for the District of Nevada
At Law. On demurrer to complaint. This is an action to recover damages for the death of William Whitten, alleged to have been caused by the wrongful act, neglect, and default of the defendant.
Read the full summary
At Law. On demurrer to complaint. This is an action to recover damages for the death of William Whitten, alleged to have been caused by the wrongful act, neglect, and default of the defendant. The fifth paragraph of the complaint reads as follows: “That said defendant at all times mentioned in this complaint, and for a time long prior to the date of the death of said deceased, was engaged in the business of generating, producing, and distributing electricity and supplying the same for light and other purposes, at said county of Washoe, to the general public for hire and for a profit. That…
1Opinion of the Court
HAWLEY, District Judge (orally).
It will be observed that the portion of the fifth paragraph of the complaint, which relates to the duty of the ‘defendant in the several particulars therein named, does not contain any evidentiary or ultimate fact. Such averments are generally held to be wholly insufficient unless connected with a statement of the *784facts from which the law raises the duty. This general principle is too well settled to require'extended discussion. 14 Ency. PI. & Pr. 332, and authorities there cited.
In Breese v. Trenton R. Co. (N. J. Sup.) 19 Atl. 204, the court, in considering an…
2Cases cited19 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Barnowsky v. HelsonMichigan Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Holmes v. Davis, Dir. Gen.Supreme Court of South Carolina · 1923
- Judge v. Pullman Co.Court of Appeals for the Sixth Circuit · 1913
- Stark v. Badger Public Service Co.Wisconsin Supreme Court · 1922
- Holmes v. Davis, Dir. Gen.Supreme Court of South Carolina · 1923
- Ortiz v. Sobrinos de EzquiagaDistrict Court, D. Puerto Rico · 1916