Powell v. Nevada, C. & O. Ry.

Decision Date06 September 1905
Citation82 P. 96,28 Nev. 305
PartiesPOWELL v. NEVADA, C. & O. RY.
CourtNevada Supreme Court

On Rehearing. Affirmed. For former opinion, see 78 P. 978. some mental suffering, as well as the injury to the arm and physical disability, and, saddest of all, tending to show an impairment of the mind, which probably no rational men would want to undergo for the amount of the judgment. It is unnecessary to revert to other suggestions made in the elaborate and interesting briefs.

We are still satisfied with the correctness of the opinion as originally rendered herein, and it and the judgment and order of the district court are affirmed.

Remittitur forthwith.

FITZGERALD, C.J., concurs.

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6 cases
  • Burch v. Southern Pac. Co.
    • United States
    • Nevada Supreme Court
    • October 1, 1909
    ... 104 P. 225 32 Nev. 75 BURCH v. SOUTHERN PAC. CO. No. 1,830. Supreme Court of Nevada October 1, 1909 ...          Appeal ... from District Court, Humboldt County ...          Action ... by Robert M. Burch ... merely because it happens to differ from theirs." ... Christensen v. Floriston P. Co., 29 Nev. 552, 92 P ... 210; Powell v. N. C. & O. Ry., 28 Nev. 305, 82 P ...          The ... case under consideration was tried before three juries, each ... composed of ... ...
  • City of Winona v. Botzet
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 26, 1909
    ... ... Shoe ... Company, 62 Hun, 223, 16 N.Y.Supp. 687; Knight v ... Goodyear, etc., Rubber Co., 38 Conn. 438, 9 Am.Rep. 406; ... Powell v. Nevada C. & O. Ry., 28 Nev. 305, 82 P ... 96), although it is not their special duty to care for the ... safety of streets and highways, and a ... ...
  • Gamble v. Silver Peak Mines
    • United States
    • Nevada Supreme Court
    • January 4, 1913
    ... 133 P. 936 35 Nev. 319 GAMBLE ET AL. v. SILVER PEAK MINES ET AL. Nos. 1888-1917. Supreme Court of Nevada January 4, 1913 ...          Rehearing ... Denied May 27, 1913 ...          Appeal ... from District Court, Washoe County; W ... Kirman v. Johnson, 30 Nev. 154, 93 P. 500, 96 P ... 1057; Brandon v. West, 29 Nev. 135, 85 P. 449, 88 P ... 140; Powell v. N. C. O. Ry., 28 Nev. 305, 343, 82 P ... 96; Beck v. Thompson, 22 Nev. 419, 41 P. 1 ...          While ... it is a general rule ... ...
  • Babcock & Wilcox Co. v. Nolton
    • United States
    • Nevada Supreme Court
    • October 5, 1937
    ... ... Wells, Fargo & Co., supra, was criticized in ... Quigley v. C. P. R. R. Co., 11 Nev. 350, 21 Am. Rep ... 757 and a contrary view taken in Powell v. Nevada, C. & O. Ry., 28 Nev. 40, 78 P. 978; Id., 28 Nev. 305, 82 P ... 96, an action for personal injuries caused by negligence. In ... the ... ...
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