CHARLES L. RUDDER, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Respondent
Rudder v. Union Pacific Railroad
CHARLES L. RUDDER, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Respondent.
CHARLES L. RUDDER, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Respondent.
No. 8771
February 17, 1977
560 P.2d 160
Dale W. Beasey and Jeffrey G. Green, Las Vegas, for Appellant.
W. Bruce Beckley and Guild, Hagen & Clark, Ltd., Las Vegas, for Respondent.
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.