Bunting v. Central Pacific Railroad
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. Solen v. V. and T. R. B. Co., 13 Nev. 106, is conclusive in favor of appellants. II. Where a railway is carried across a public highway so that those approaching on the highway can neither distinctly see nor hear approaching trains, the company is required to use a greater degree of care than in other places. (Richardson v. N. 7. Cent.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. Solen v. V. and T. R. B. Co., 13 Nev. 106, is conclusive in favor of appellants. II. Where a railway is carried across a public highway so that those approaching on the highway can neither distinctly see nor hear approaching trains, the company is required to use a greater degree of care than in other places. (Richardson v. N. 7. Cent. B. B. Co., 45 N. Y. 846; 35 Id. 75.) III. If no signal be given at the crossing of a street, a person crossing has the right to presume the…
1Opinion of the Court
By the Court,
Hawley, J.:
The above entitled causes were, by consent of the respective counsel, tried together. The district court granted a nonsuit.
The statement on appeal shows that, on the morning of the twelfth of June, 1877, at a regular crossing on a public street in the town of Beño, a collision occurred between the locomotive of the defendant, attached to its regular passenger train of cars, and a two-horse team and wagon then being driven, or attempted to be driven, over the railroad tracks. The horses were killed. Each of the plaintiffs was injured and their property damaged.
There was…
2Cases cited12 opinions
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- MacKay v. . New York Central RailroadNew York Court of Appeals · 1866
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3Cited by15 opinions
- Drummond v. Mid-West Growers Cooperative Corp.Nevada Supreme Court · 1975
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Crosman v. Southern Pacific Co.Nevada Supreme Court · 1921
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Antonian v. Southern Pacific Co.California Court of Appeal · 1909
10 more not listed; retrieve them via the Exa API.