Zetler v. Tonopah & Goldfield Railroad
Nevada Supreme Court
Appeal from the Seventh Judicial District Court, Esmeralda County, Nevada; Theron Stevens, Judge. Action by Antone Zetler against the Tonopah and Goldfield Railroad Company. Judgment for plaintiff; defendant appeals. The facts sufficiently appear in the opinion. The contract contained in the ticket is binding and valid. (Jacobs v. Central R. Co., 208 Pa. St. 535, 57 Atl. 982; Rose v. Northern Pac. Ry.
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Appeal from the Seventh Judicial District Court, Esmeralda County, Nevada; Theron Stevens, Judge. Action by Antone Zetler against the Tonopah and Goldfield Railroad Company. Judgment for plaintiff; defendant appeals. The facts sufficiently appear in the opinion. The contract contained in the ticket is binding and valid. (Jacobs v. Central R. Co., 208 Pa. St. 535, 57 Atl. 982; Rose v. Northern Pac. Ry. Co., 88 Pac. 767; The Priscilla, 106 Fed. 739; Belger v. Dinsmore, 51- N. Y. 166, 10 Am. Rep. 575; Pacific Exp. Co. v. Foley, 26 Pac. 667; Michalitschke v. Wells, Fargo & Co., 50 Pac. 847;…
1DissentNorcross, J.
I am unable to concur in the conclusions reached by my associates in this case. The main question involved is of first impression in this court and concerns an important rule of liability of common carriers.
The proofs in the case show that the plaintiff, Zetler, purchased a ticket from the Great'Northern Railway Company at Bellingham, State of Washington, for transportation over it and other connecting lines, including that of the defendant, to Goldfield, Nevada. The ticket so purchased was a second-class ticket, which contained the following provisions subscribed to by the plaintiff: “Issued…
2Cases cited10 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Donlon Bros. v. Southern Pacific Co.California Supreme Court · 1907
- Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
- Hooker v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
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