Calvin R. Hopkins v. George P. Baker

I reluctantly join in the court’s conclusion that under the standard of Smith v. Ar*1345baugh’s Restaurant, Inc., 152 U.S.App.D.C. 86, 469 F.2d 97 (1972), cert. denied, 412 U.S. 939, 93 S.Ct. 2774, 37 L.Ed.2d 399 (1973), it was error for the district court to exclude the plaintiff’s proffered evidence of the use of the railroad yard by unauthorized pedestrians. My reluctance arises not from any doubts as to the legal correctness of the court’s decision, but rather from a practical concern that our action will only generate duplicative legal process yet leave the parties in exactly the same…