Legal Opinion

Dixon v. Southern Pacific Co.

Nevada Supreme Court

Decided July 15, 1918No. 2303Published

Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Suit by J. B. Dixon against the Southern Pacific Company, a corporation. From a judgment for plaintiff, defendant appeals. After reversal on rehearing from a ruling of the clerk of the supreme court, on the cost bill filed by defendant, said defendant appeals.

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Appeal from Second Judicial District Court, Washoe County; Mark R. Averill, Judge. Suit by J. B. Dixon against the Southern Pacific Company, a corporation. From a judgment for plaintiff, defendant appeals. After reversal on rehearing from a ruling of the clerk of the supreme court, on the cost bill filed by defendant, said defendant appeals. As a common carrier, the defendant cannot be held guilty of converting property delivered. for shipment, and by it transported in the ordinary course of its business as such common carrier. “A common carrier is bound to accept all goods offered within the…

1Opinion

On Rehearing

By the Court,

Coleman, J.:

The question of the propriety of establishing the rule laid down in our former opinion being of such great importance to common carriers of the state, we decided to grant the urgent petition for a rehearing, that we might give the same further consideration; but, after extensive investigation and mature reflection, we find ourselves unable to adopt the views urged by counsel for appellant.

Upon the original hearing the burden of appellant’s argument turned upon the distinction sought to be made between a case in which the property in question was in the…

2Cases cited17 opinions

  1. The "Idaho."Supreme Court of the United States · 1877
  2. Nanson v. JacobSupreme Court of Missouri · 1887
  3. Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
  4. Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
  5. Wells v. American Express Co.Wisconsin Supreme Court · 1882

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