Reports of Cases Determined in the Supreme Court of the State of Nevada (Volume 13) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879. Excerpt: ... Points decided. Idem--Presumption That Signals Will Be Given.--A person walking along a track on a public street, in a city, has a right to presume, and act on the belief, that the railroad company will not move its locomotives or cara along such track without giving the usual signals. Idem--Negligence--When A Question Of Law Or Fact.--When the facts showing a want of ordinary care and prudence on tho part of the plaintiff, are clear and undisputed, the question of negligence is one of law, to be decided by tho court; but when there is any doubt, or uncertainty; any question in regard to which reasonable men might honestly differ in opinion, then tho question of negligence becomes a question of fact, and should be submitted to a jury. Idem--New Trial--Verdict Against Evidence.--It is not the province of the appellato court to weigh the evidence in order to determine the preponderance thereof; that duty devolves upon the jury and tho nisi priut court. If there is a substantial conflict in the evidence, this court will not disturb the verdict. Idem--Damages When Not Excessive.--The plaintiff was thirty-four years of age, a miner by occupation; by the accident his right shoulder and some of his ribs were broken; ono of his legs had to be amputated; he had severe pains through his breast and sides, was confined to his bed live or six weeks; his right shoulder and arm were disabled. Ho has no means of support except by his personal labor: Held, that the verdict of fifteen thousand dollars is not so excessive as to indicate passion or prejudice upon the part of the jury. Pcblic Street--Denials In Answer--When Insufficient.--The track of defendant runs along E street in Virginia city. The complaint alleges in positive terms that this was "a public street of said...