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Tonopah and Goldfield Railroad Co. v. Fellenbaum

December 31, 1912

TONOPAH AND GOLDFIELD RAILROAD COMPANY (A CORPORATION), RESPONDENT, V. JOHN DOE FELLENBAUM AND P.D. PAYNE, APPELLANTS.


Appeal from the Seventh Judicial District Court, Esmeralda County; Theron Stevens, Judge.

James Donovan, for Appellants.

Campbell, Metson & Brown, Huger Wilkinson, and Claude Gillespie, for Respondent.

By the Court, Talbot, J.:

Upon further consideration, after rehearing, we see no reason for changing the views which we expressed in the original opinion, and we think justice the law will be best subserved by allowing it to stand (32 Nev. 278.)

As therein directed, the judgment of the district court is reversed, and the case is ordered remanded for a new trial.

Sweeney, C. J.: I concur.

Norcross, J.: I dissent.

19121231

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