Legal Opinion

Bernard Mitchell v. Union Pacific Railroad Co., a Corporation

Court of Appeals for the Ninth Circuit

Decided March 30, 1957No. 15068_1PublishedCited by 12 opinions

1Opinion of the Court

LEMMON, Circuit Judge.

An alien who lost a valuable trained dog through a railroad’s admitted carelessness is here complaining that he was cavalierly hustled out of the court below by a summary judgment.

A full trial, with ample opportunity for the cross-examination of witnesses, can no doubt clear up many, if not all, of the uncertainties, contradictions, and errors that have crept into this case.

Poor Pudsy died from lack of ventilation in a locked baggage car. His master’s lawsuit should not be permitted to die from lack of ventilation in a summary-locked court of law. Let there be light.

1.…

2Cases cited6 opinions

  1. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  2. New York, New Haven & Hartford Railroad v. NothnagleSupreme Court of the United States · 1953
  3. New York Central & Hudson River Railroad v. BeahamSupreme Court of the United States · 1916
  4. Calveston, Harrisburg & San Antonio Railway Co. v. WoodburySupreme Court of the United States · 1920
  5. Fitch v. CarpenterCalifornia Court of Appeal · 1945

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. KEMPER INS. COMPANIES v. Federal Exp. Corp.District Court, D. Massachusetts · 2000
  2. Lux Art Van Service, Inc., a California Corporation v. Art PollardCourt of Appeals for the Ninth Circuit · 1965
  3. Bauer v. JacksonCalifornia Court of Appeal · 1971
  4. Hogan Transfer & Storage Corp. v. WaymireIndiana Court of Appeals · 1980
  5. Mitchell v. Union Pacific Railroad Co.District Court, S.D. California · 1960

7 more not listed; retrieve them via the Exa API.

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