Parks v. Western Union Telegraph Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Sterling Parks against the Western Union Telegraph Company, a corporation. From an order overruling plaintiff’s demurrers to affirmative defenses in the answer, and from a judgment on the pleadings, plaintiff appeals.
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Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Sterling Parks against the Western Union Telegraph Company, a corporation. From an order overruling plaintiff’s demurrers to affirmative defenses in the answer, and from a judgment on the pleadings, plaintiff appeals. The sole question to be decided is whether an oral contract for the delivery of an interstate telegraphic message, made at the time of the delivery of the message to the telegraph company, is sufficient to sustain an action for actual damages sustained by the addressee by reason of the…
1Opinion
*420On Rehearing
By the Court,
Sanders, C. J.:
1. Rehearings are not granted as a matter of right, and are not allowed for the purpose of reargument, unless there is reasonable probability that the court may have arrived at an erroneous conclusion, or overlooked some important question, which was necessary to be determined in order to arrive at a full and proper understanding of the case. State v. Woodbury, 17 Nev. 353, 30 Pac. 1006.
The judgment herein was reversed upon a question of pleading and practice, not heretofore adjudicated by this court, and not embraced in the briefs or pointed out on the…
2Cases cited10 opinions
- Western Union Telegraph Co. v. Esteve Bros. & Co.Supreme Court of the United States · 1921
- Curtis v. Richards & VantineCalifornia Supreme Court · 1858
- State ex rel. Copeland v. WoodburyNevada Supreme Court · 1883
- Stroock Plush Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1908
- Mackay v. Western Union Telegraph Co.Nevada Supreme Court · 1881
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