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…
1Opinion of the Court
By the Court,
Coleman, J.:
This is a suit instituted by respondent against appellants to recover judgment for alleged damages in the sum of $48,450, and to obtain a decree of the court abating a certain dani in Walker River, known as the Spragg, Alcorn & Bewley dam, which, it is claimed, is responsible for the overflow of the Walker River, and the consequent damages. From a judgment in favor of plaintiff in the sum of $25,475 damages and a decree directing defendants to reduce the height of the dam, and from an order denying the motion for a new trial, this appeal is taken.
*469The plaintiff was, at…
2Cases cited26 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
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3Cited by14 opinions
- Sanderson v. Steve Snyder Enterprises, Inc.Supreme Court of Connecticut · 1985
- Southern Pacific Company v. WatkinsNevada Supreme Court · 1967
- Mikulich v. CarnerNevada Supreme Court · 1952
- Grace v. Union Electric Co.Missouri Court of Appeals · 1947
- Ryan Gulch Reservoir Co. v. SwartzSupreme Court of Colorado · 1925
9 more not listed; retrieve them via the Exa API.