Watt v. Nevada Cent. R. Co.

• Decision Date: 23 September 1896
• Docket Number: 1,457. [1]
• Citation: Watt v. Nevada Cent. R. Co., 23 Nev. 154, 46 P. 52 (Nev. 1896)
• Parties: WATT v. NEVADA CENT. R. CO.
• Court: Nevada Supreme Court

46 P. 52

23 Nev. 154

WATT v. NEVADA CENT. R. CO.

No. 1,457. ^[1]

Supreme Court of Nevada

September 23, 1896

On rehearing. Original decision modified on condition.

For former opinion, see 44 P. 423.

to its conclusions heretofore arrived at, to terminate this litigation by ordering such judgment as it deems proper with the usual alternative that the plaintiff accept it or suffer a new trial. In view of the necessary costs and expenses to which the parties would be subjected by a new trial we are inclined to grant the request. Mr. Van Patton defendant's witness, and engaged in the livery business at Austin, testified that the market value of hay in bale in Austin was $12 per ton in the fall of 1893. Other witnesses gave the value at $10 to $12. Exhibit 6, in evidence, being a schedule of railroad freight rates, gives the rate of $3 per ton for hay from "Canyon and Vaughn's and points between to Austin." Walter's or plaintiff's ranch is between Canyon and Vaughn's. There is no siding at Walter's, hence hay at plaintiff's ranch would have to be hauled by wagon to Canyon or Vaughn's where there are sidings for shipment by rail to Austin. Canyon is the nearer station, and distant three or four miles from plaintiff's ranch or Walter's station. We find no evidence as to the cost of hauling hay from Walter's to either siding, but plaintiff's counsel, in his brief puts it at $1 per ton from the siding to the ranch. So we will consider $1 per ton reasonable cost for hauling from the ranch to the siding, where it could have been loaded on the cars. It is in evidence that the rate for hauling general merchandise from the Austin depot into town is $2.50 per ton and that the cost of baling hay was about $2 per ton. Taking the above items of cost as approximately correct for putting hay into the Austin market from plaintiff's ranch, the total cost would be $8.50 per ton. As there is evidence tending to show that the plaintiff's hay was worth more than the common river hay sold in Austin, we are of opinion that it is reasonable to conclude that his hay was worth the highest market price, $12 per ton. We are of opinion that the evidence would sustain a finding of a net market value of $3.50 per ton, and no more. The evidence is that the hay press cost $80 in Caleco, Lake Valley, and the value of the labor in hauling it to his ranch the plaintiff puts at $25 or $30. We are of opinion that the evidence would support a...