Charles T. O'TOOle v. William J. Meyer Company, Inc., and William J. Meyer, Individually

I concur1 in reversal for, as the opinion so well reflects, the Judge’s dismissal assumed that the plaintiff, either from defiance or neglect, repeatedly ignored or disobeyed orders of the court when, of course, as a nomadic horseman, there is no indication that he ever knew of them.

While, it is possible to read into the repeated orders an implied finding, F.R. C.P. 35, that the Judge was of the opinion the case could not fairly be tried in the absence of further medical examination (and depositions), I do not think that that took place at all. I think he, as did counsel, treated the requests…