McLeod v. Miller & Lux
Nevada Supreme Court
Appeal from First Judicial District Court, Lyon County; Frank P. Langan, Judge. Action by Angus McLeod against Miller & Lux, Pacific Livestock Company, John B: Gallagher, and J. C. Snyder, administrator of the estate of Charles Snyder, deceased. From a judgment for plaintiff, defendants appeal. (McCarran, J., dissenting). The complaint does not state-a cause of' action, the findings do not support the judgment, and the facts do not show any legal liability.
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Appeal from First Judicial District Court, Lyon County; Frank P. Langan, Judge. Action by Angus McLeod against Miller & Lux, Pacific Livestock Company, John B: Gallagher, and J. C. Snyder, administrator of the estate of Charles Snyder, deceased. From a judgment for plaintiff, defendants appeal. (McCarran, J., dissenting). The complaint does not state-a cause of' action, the findings do not support the judgment, and the facts do not show any legal liability. No direct trespass is alleged or claimed, nor is it alleged or claimed that the dam directly overflowed the land. If injury is merely…
1ConcurrenceSanders, J.
I concur in the order of Justice Coleman.
I am of the opinion that it was prejudicial error on the part of the trial court to classify a number of witnesses, introduced on the part of respondent, as experts when no apparent reason or necessity existed therefor, other than to make it possible for these witnesses to give their opinion and state as an ultimate fact that appellants’ dam caused the overflow. This was the primary and ultimate fact to be determined by the jury. It was a close and doubtful question, and in such situation it is not difficult to perceive the influence of such opinions…
2Cases cited3 opinions
- McLeod v. LeeNevada Supreme Court · 1882
- Shields v. Orr Extension Ditch Co.Nevada Supreme Court · 1897
- Malmstrom v. People's Drain Ditch Co.Nevada Supreme Court · 1910