Smith v. Odd Fellows Building Ass'n
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by George F. Smith, as administrator of the estate of Alonzo Carlton Webb, deceased, against the Odd Fellows Building Association. Judgment for plaintiff, and defendant appeals. The deceased was guilty of contributory negligence as a matter of law and fact.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by George F. Smith, as administrator of the estate of Alonzo Carlton Webb, deceased, against the Odd Fellows Building Association. Judgment for plaintiff, and defendant appeals. The deceased was guilty of contributory negligence as a matter of law and fact. The law imposes upon a person sui juris the obligation to use ordinary care for his own protection, the degree of which is commensurate with the danger to be avoided. Carroll v. Electric Co., 84 Pac. 389; Dufour v. C. P. R. R. Co., 7 Pac. 769; Patne…
1Opinion of the Court
By the Court,
Ducker, J.:
This action was instituted by the respondent as administrator of the estate of Alonzo Carlton Webb, deceased, to recover damages for the death of deceased, alleged to have been caused by the negligence of the appellant. The action was tried before a jury and verdict rendered for the respondent for the sum of $8,500. From the judgment entered in accordance with the verdict and the order denying a motion for a new trial, this appeal is taken.
The accident in which the deceased sustained the *54injuries which resulted in his death happened in an elevator owned and operated by…
2Cases cited18 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Beidler v. BranshawIllinois Supreme Court · 1902
- Korrady v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
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3Cited by15 opinions
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- Shepard v. SmithIdaho Supreme Court · 1953
- Metropolitan Atlanta Rapid Transit Authority v. RouseSupreme Court of Georgia · 2005
- Muir v. HaggertyWyoming Supreme Court · 1957
- Hamilton v. Southern Nevada Power Co.Nevada Supreme Court · 1954
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