Southern Pacific Company v. Dickerson

OPINION

By the Court,

Badt, C. J.:

Plaintiffs (appellants herein) filed their complaint in the court below seeking declaratory relief in a judgment declaring (1) that NRS 705.390, properly construed, does not require the employment of “firemen” on appellants’ diesel freight locomotives; (2) that if construed to require such employment, it would violate the due process clause (Art. 1, § 8) of the Nevada Constitution.

This appeal is from an order dismissing the complaint. The trial judge was of the opinion that NRS 705.390 requires the employment of a fireman on appellants’ diesel freight…