Peers v. Nevada Power, Light & Water Co.
U.S. Circuit Court for the District of Nevada
At law. On demurrer to complaint. The complaint in this action among other things avers: That Frank A. Wells died intestate at Reno, Nev._, March 1, 1902; that plaintiff is the duly appointed and qualified- administrator of his estate; that at the time of his death, and for a long time immediately prior thereto, the defendant in a careless, reckless and negligent manner maintained across the premises described in said complaint “electric wires, and conducted electricity upon…
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At law. On demurrer to complaint. The complaint in this action among other things avers: That Frank A. Wells died intestate at Reno, Nev._, March 1, 1902; that plaintiff is the duly appointed and qualified- administrator of his estate; that at the time of his death, and for a long time immediately prior thereto, the defendant in a careless, reckless and negligent manner maintained across the premises described in said complaint “electric wires, and conducted electricity upon and through said' wires across said street, and the said wires were at the said times and place of insufficient…
1Opinion of the CourtHaweey, District Judge
(orally). An action for the death of an intestate was unknown to the common law, and is of purely statutory origin. The unsatisfactory state of the common law, which denied any right to recover for death due to negligence or wrongful act, led to the passage of statutes giving a right of recovery in such cases. The English act of 1846 (9 & 10 Viet. c. 93), commonly designated as “Lord Campbell’s Act,” so often referred to, has served as a model upon which most of the statutes of the various states of the Union have been enacted. Statutes of this general character do not merely remove the…
2Cases cited12 opinions
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Gilloon v. Humana, Inc.Nevada Supreme Court · 1984
- Smith v. Odd Fellows Building Ass'nNevada Supreme Court · 1922
- Whitten v. Nevada Power, Light & Water Co.U.S. Circuit Court for the District of Nevada · 1904
- Eisele v. OddieU.S. Circuit Court for the District of Nevada · 1903
2 more not listed; retrieve them via the Exa API.