D. C. Wheeler, Inc. v. O'Brien Bros.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Action by D. C. Wheeler, Incorporated, against O’Brien Brothers. Judgment for plaintiff, and defendants appeal. (Coleman, J., dissenting in part). The trial court erred in allowing special damages that had not been specifically pleaded.
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Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Action by D. C. Wheeler, Incorporated, against O’Brien Brothers. Judgment for plaintiff, and defendants appeal. (Coleman, J., dissenting in part). The trial court erred in allowing special damages that had not been specifically pleaded. It is a fundamental and generally accepted rule of evidence that proof of special damages cannot be introduced unless such special damages have been specially pleaded. " If the damages sought to be recovered are those known as special damages, that is, those of an unusual and…
1ConcurrenceColeman, J.
I concur in the judgment of affirmance, but not in the views expressed in the opinion of the learned chief justice. I take the view that the contention of counsel for appellant as to special damage is correct; but since the attorney who tried the case in the lower court permitted some of the testimony complained of to be admitted in evidence without objection, and since the objections which were made to the rest of the evidence were on the ground that it was "irrelevant, incompetent, and immaterial,” and did not specify wherein it was irrelevant, incompetent, and immaterial, I am of the…
2Cases cited10 opinions
- Noonan v. Caledonia Mining Co.Supreme Court of the United States · 1887
- Rush v. FrenchArizona Supreme Court · 1874
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1895
- Patrick v. GrahamSupreme Court of the United States · 1890
- Bundy v. Sierra Lumber Co.California Supreme Court · 1906
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