Gill v. Goldfield Consolidated Mines Co.
Nevada Supreme Court
Appeal from Seventh Judicial District Court, Esmeralda County; J. Emmett Walsh, Judge. Action by George W. Gill against the Goldfield Consolidated Mines Company, a corporation. Judgment for defendant, and plaintiff appeals. On rehearing, Not only has the respondent failed to interpose his attack against the appeal in the manner provided by law, but the appeal itself has been taken in strict accordance with the recent legislative enactment.
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Appeal from Seventh Judicial District Court, Esmeralda County; J. Emmett Walsh, Judge. Action by George W. Gill against the Goldfield Consolidated Mines Company, a corporation. Judgment for defendant, and plaintiff appeals. On rehearing, Not only has the respondent failed to interpose his attack against the appeal in the manner provided by law, but the appeal itself has been taken in strict accordance with the recent legislative enactment. There has never been before the court a motion to dismiss, only a notice of intention to move to dismiss the appeal having been filed. An appeal may be…
1Opinion of the Court
By the Court,
Sanders, J.:
The plaintiff brought this action to recover from the defendant corporation the sum of $10,000 as damages *4for the wrongful death by drowning of his child, 9 years of age, in a reservoir erected and maintained by the defendant upon its premises for the purposes of fire protection to the defendant’s milling plant or reduction works situated near by. The plaintiff sought to recover the sum stated, upon the theory that the reservoir was in law and in fact an “attractive nuisance,” and that at the time of the drowning of the child the reservoir was not safeguarded as…
2Cases cited20 opinions
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- United States v. ClaflinSupreme Court of the United States · 1878
- Daviess v. FairbairnSupreme Court of the United States · 1845
- Swann v. BuckMississippi Supreme Court · 1866
- State v. ConklingCalifornia Supreme Court · 1861
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3Cited by14 opinions
- Ronnow v. City of Las VegasNevada Supreme Court · 1937
- Ex Parte OldenCourt of Criminal Appeals of Oklahoma · 1948
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- Water Co. v. Belmont Dev. Co.Nevada Supreme Court · 1926
- Giannotti v. De BockNevada Supreme Court · 1924
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