Crosman v. Southern Pacific Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; EdtoardF. Lunsford, Judge. Action by Fred Crosman against the Southern Pacific Company. From a judgment granting a nonsuit, the plaintiff appeals. Courts generally are not enamored of the practice of granting judgments of involuntary nonsuit in jury cases.
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Appeal from Second Judicial District Court, Washoe County; EdtoardF. Lunsford, Judge. Action by Fred Crosman against the Southern Pacific Company. From a judgment granting a nonsuit, the plaintiff appeals. Courts generally are not enamored of the practice of granting judgments of involuntary nonsuit in jury cases. “The rule has been well established that a case should not be withdrawn from the jury when reasonable men might fairly differ on questions of fact as to whether or not a plaintiff was guilty * * * of contributory negligence.” McCafferty v. Flinn, 32 Nev. 278; Burch v. S. P. Co., 32…
1Opinion of the Court
*293By the Court,
Ducker, J.:
The appellant brought this action against respondent to recover a judgment for damages for personal injuries alleged to have been sustained by him through the negligence of the company. The respondent denied negligence and set up the contributory negligence of the appellant. The evidence showed substantially the following facts: The respondent is a railway corporation and for many years has maintained and operated a railroad across the State of Nevada and through the State of California. The city of Reno is situated in Nevada about three miles westerly from Sparks, on…
2Cases cited12 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. BakerSupreme Court of Kansas · 1908
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Parish v. GatesSupreme Court of Alabama · 1856
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