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…
1DissentMcCarran, J.
I dissent.
This case was originally assigned to the writer for the preparation of the opinion of the court. In view of the position taken by the majority of the court, I am herewith *488setting forth only so much of my opinion originally prepared as I deem applicable to the matters touched upon in the prevailing opinion.
The prevailing opinion in this case rests primarily upon the contention of appellants that it was a physical impossibility for the Spragg, Alcorn & Bewley dam to cause the overflow in question. The principal ground asserted in support of this declaration is the fact that a…
2Cases cited46 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- People v. JenningsIllinois Supreme Court · 1911
- Brown v. . BowenNew York Court of Appeals · 1864
- Athens Manufacturing Co. v. RuckerSupreme Court of Georgia · 1887
- Fleming v. LockwoodMontana Supreme Court · 1907
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