Cohen v. Eureka & Palisade Railroad
Nevada Supreme Court
Appeal from tbe District Court of the Sixth Judicial District, Eureka County. The reason given by the court for the refusal of the fifth instruction asked by appellant (referred to in the opinion) was: “That tbe law asked for bas been given in tbe instructions asked for as modified by tbe court.” Tbe fourth and fifth instructions given for respondents, and referred to in tbe opinion, are inserted in full in tbe bead notes.
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Appeal from tbe District Court of the Sixth Judicial District, Eureka County. The reason given by the court for the refusal of the fifth instruction asked by appellant (referred to in the opinion) was: “That tbe law asked for bas been given in tbe instructions asked for as modified by tbe court.” Tbe fourth and fifth instructions given for respondents, and referred to in tbe opinion, are inserted in full in tbe bead notes. Tbe second, twelfth, fourteenth, and fifteenth instructions asked by appellant, read as follows: 2. “ You are instructed that it is tbe clear duty of a person as be comes…
1Opinion of the Court
By the Court,
Leonard, J.:
Appellant seeks a reversal of the judgment in this case: First, because of the refusal of the court to nonsuit the plaintiff, upon the ground that his own negligence con*384tributed to the injury complained of, and that tbe evidence was insufficient to justify the verdict; and second, upon exceptions to the charge to the jury.
Eespondent was injured by appellant’s cars while attempting, with a team, to cross appellant’s railroad track in the town of Eureka, and this action was brought to recover damages for such injury.
He recovered judgment for one thousand eight hundred…
2Cases cited11 opinions
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1881
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1881
- Hamburg Mining Co. v. StephensonNevada Supreme Court · 1883
- Hines v. SweeneyWyoming Supreme Court · 1921