Legal Opinion
Mary Elizabeth Foy Donnelly v. H. Gibson Guion
Court of Appeals for the Second Circuit
Decided October 10, 1972No. 12, Docket 71-2166PublishedCited by 170 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
This appeal, taken by the mother of the young man whose tragic and untimely death precipitated this litigation, requires us to determine whether the district judge correctly granted the defendants’ motion for summary judgment. Unmistakably, summary judgment is a drastic device because its prophylactic function, when exercised, cuts off a party’s right to present his case to the jury. Yet, if the case is totally devoid of an issue of fact there is no reason why the curtain should rise on the trial. After a careful review, we conclude that the affidavits…
2Cases cited7 opinions
- Radio City Music Hall Corp. v. United StatesCourt of Appeals for the Second Circuit · 1943
- Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
- Rex Applegate v. Top Associates, Inc., Theodore O. ProunisCourt of Appeals for the Second Circuit · 1970
- Dressler v. MV SandpiperCourt of Appeals for the Second Circuit · 1964
- Anthony J. Cali v. Eastern Airlines, Inc.Court of Appeals for the Second Circuit · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by170 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Meiri v. DaconCourt of Appeals for the Second Circuit · 1985
- Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- Thornhill Publishing Company, Inc. v. General Telephone & Electronics CorporationCourt of Appeals for the Ninth Circuit · 1979
165 more not listed; retrieve them via the Exa API.