Rudder v. Union Pacific Railroad

Nevada Supreme Court

Rudder v. Union Pacific Railroad

560 P.2d 160, 93 Nev. 88, 1977 Nev. LEXIS 480

CourtNevada Supreme Court

DecidedFebruary 17, 1977

DocketNo. 8771

StatusPublished

This text of 560 P.2d 160 (Rudder v. Union Pacific Railroad) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rudder v. Union Pacific Railroad, 560 P.2d 160, 93 Nev. 88, 1977 Nev. LEXIS 480 (Neb. 1977).

Pincite

Opinion

OPINION

Per Curiam:

On January 5, 1971, Charles L. Rudder filed a complaint in the district court seeking damages from respondent under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (1972). On January 12, 1976, over five years later, the court granted a motion to dismiss with prejudice for failure to prosecute, pursuant to NRCP 41(e).

Although appellant concedes that dismissal is mandatory for failure to bring a case to trial within five years, he suggests the court abused its discretion in dismissing the action with prejudice. We disagree.

We have frequently, and consistently, considered and rejected similar arguments. See, for example, Meredith v. Arden, 92 Nev. 620, 555 P.2d 1241 (1976), and cases cited therein.

Affirmed.

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