Johnson v. Wells, Fargo & Co.
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, White Pine County. Plaintiff was a passenger in one of defendant’s coaches running from Elko to Hamilton, in March, 1869. On the way and near Jacob’s Wells, it was discovered that one of the axles had heated; and upon the wheel being taken off, to pour water upon the spindle, the driver remarked that he was afraid the axle would “ weld ” before the coach could reach Newark, eleven miles distant, where hé could…
Read the full summary
Appeal from the District Court of the Eighth Judicial District, White Pine County. Plaintiff was a passenger in one of defendant’s coaches running from Elko to Hamilton, in March, 1869. On the way and near Jacob’s Wells, it was discovered that one of the axles had heated; and upon the wheel being taken off, to pour water upon the spindle, the driver remarked that he was afraid the axle would “ weld ” before the coach could reach Newark, eleven miles distant, where hé could change for another coach. Upon arriving at Newark it appeared that the other coach needed some slight repairs, whereupon…
1Opinion of the Court
By the Court,
WHITMAN, J. :
The respondent objects to a consideration of this appeal because it is said there is no statement on appeal.
There is a statement on motion for new trial. The appeal is taken from an order denying- the motion, and from the judgment. In addition, there is a stipulation to this effect: “ It is stipulated in the above action that the statement on motion for new trial herein, as on file and settled, shall be also the statement on appeal, and may be used and referred to with like effect as if the same had been duly filed and settled as a statement on appeal herein.”
This…
2Cases cited7 opinions
- Foster & Creighton Co. v. GrahamTennessee Supreme Court · 1926
- Seger v. Town of BarkhamstedSupreme Court of Connecticut · 1852
- Fairchild v. Cal. Stage Co.California Supreme Court · 1859
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Northern Railroad v. MillerNew York Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
33 more not listed; retrieve them via the Exa API.