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

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. Statement of Facts

A summary of the appellant’s statement of facts, which the appellee concedes “is generally correct”, follows:

For the purpose of exhibiting a trained black and white fox terrier named “Pudsy”, the appellant and his wife, accompanied by the dog, left their home town in Ireland to come to the United States, in June, 1952. The intention was to show “the dog on television, in the movies and displaying him to the children of the United States”.

The appellant had purchased in Ireland his railroad tickets from New York to Los Angeles, but the ticket for the dog was solely to New York, since the…