Bernard Mitchell v. District Court of United States for Southern District of California

Petitioner asks leave to file a petition for an extraordinary writ (which he calls a Writ of Certiorari) to prohibit the District Court for the Southern District of California from proceeding with a new trial in a case entitled Mitchell v. Union Pacific Railroad Co., and others.

It appears from the proposed petition that after trial of that case in the respondent court a jury returned a verdict on May 14, 1958 awarding plaintiff $12,-000 damages against Chicago and Northwestern Railway Company, one defendant, and finding in favor of another defendant. The court ordered the verdict withheld from filing “pending any motions by defendant.” On May 21, thereafter, Chicago and Northwestern Railway Company moved for a new trial. On August 1, 1958 this motion was denied, and the court ordered the verdict filed. The railway company then filed notice of appeal and otherwise proceeded with the perfection of a record on appeal. November 26, 1958, judgment was entered on the verdict, and the same day, the court, on its own motion, ordered a new trial “unless plaintiff within 10 days from date hereof, file written consent to reduction of judgment to sum of $2000 and costs.” The consent was not…