Legal Opinion

Bunting v. Central Pacific Railroad

Nevada Supreme Court

Decided October 15, 1881No. 1,041PublishedCited by 6 opinions

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 of the Court

By the Court,

Hawley, J.:

This is the second appeal taken in these cases. The first was an appeal by plaintiffs from a judgment of nonsuit (14 *280Nev. 351.) The second is taken by defendant from a judgment in favor of plaintiffs and from an order of the district court refusing to grant a new trial. It was correctly assumed in the argument, by appellant’s counsel, that the law of these cases is settled by the previous decision, and that of Cohen v. The Eureka and Palisade Railroad Company, 14 Nev. 370. It was also properly admitted that “the testimony offered on behalf of the plaintiffs upon the…

2Cases cited8 opinions

  1. Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
  2. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
  3. Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
  4. Ex parte SiebenhauerNevada Supreme Court · 1879
  5. Renwick v. . New York Central R.R. Co.New York Court of Appeals · 1867

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3Cited by6 opinions

  1. Haun v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
  2. Cook v. American Exchange BankSupreme Court of North Carolina · 1901
  3. Olsen v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1893
  4. Richmond MacHinery Co. v. BennettNevada Supreme Court · 1924
  5. Gamble v. HanchettNevada Supreme Court · 1912

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