Ruby Joseph v. Norton Company

LUMBARD, Chief Judge.

The question for decision is whether Judge Dawson abused his discretion in dismissing with prejudice under Rule 41 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., the plaintiff’s suit for damages when plaintiff’s trial counsel refused to proceed with the trial of the case because of the illness of the attorney of record who had assisted in the preparation of the case. We find Judge Dawson’s action fully justified under the circumstances of this case and affirm the judgment of dismissal with prejudice.

The suit was brought on May 24, 1957 for injuries alleged to…