Link v. Wabash Railroad Company Page 2

Link v. Wabash Railroad Company general information

Media for Link v. Wabash Railroad Company

Audio Transcription for Oral Argument - April 03, 1962 in Link v. Wabash Railroad Company

Jay E. Darlington:

And while they're not described, I think it can be assumed that -- that I was acting in good faith in completing that job but there's no affidavit, no showing to the contrary.

At any rate, the -- the record shows that on that forenoon; that Wednesday forenoon, I called the judge of the District Court, and being able to reach and talk to his secretary, I told her that I was still working on papers for the Supreme Court.

I couldn't get there that afternoon.

I would be there the next afternoon, 24 hours later or the day after that or any day that was convenient for the Court or counsel.

Potter Stewart:

At what time on Wednesday afternoon?

At what time on --

Jay E. Darlington:

The next --

Potter Stewart:

At what time --

Jay E. Darlington:

(Voice Overlap) --

Potter Stewart:

-- on Wednesday afternoon?

Jay E. Darlington:

What's that?

Potter Stewart:

At what time on Wednesday afternoon was the conference scheduled?

Jay E. Darlington:

If Your Honor Please, the -- the -- the pretrial hearing was set for 1 p.m. on Wednesday afternoon.

Potter Stewart:

And you telephoned judge's secretary at about what, 11 o'clock in the morning?

Jay E. Darlington:

I telephoned -- the record shows I telephoned the secretary about at 10:45 a.m. or -- or thereabouts and asked to speak to the judge but he was on the bench.

I talked to her, asked her to please inform the Court also to inform opposing counsel.

I told her for I thought the -- he was, and she did that; she performed that task, affirmed it before noon.

So -- so by noon of Wednesday, the message had reached His Honor and had reached my opposing counsel by the -- well --

Your -- your call was from Indianapolis, was it?

Jay E. Darlington:

What's it?

Your call was put in from Indianapolis?

Jay E. Darlington:

Oh, yes.

Yes Your Honor and the -- was not going -- I didn't think it was appropriate to go into detail with the secretary as to the nature or the necessity of the work I was doing.

I told her I was preparing for the papers for the Supreme Court of -- of Indiana.

Actually they were committed to be filed that day but I didn't go into that.

That at any rate, that afternoon after waiting for sometime, the -- before, I -- I don't know why because it was known I couldn't be there but anyway, at 3 p.m. that the matter was called for pretrial conference and a pretrial conference was held ex parte the -- between the District Judge and my opponent that at which my opponent said, "Yes, I had called him the day before", and said, "I thought I could make it, I expect you to be there", and the -- the secretary was called in and related substantially of what I have stated.

And then His Honor said to my opposing counsel that -- that -- if I may read one short paragraph, "Under the circumstances, what is your thinking Mr. Bodle?"

There was no motion then by my opponent or at any time during that hearing, written or oral to dismiss this case.

Mr. Bodle announced this legal doctrine to the Court which was adopted by the District Court, substantially adopted by the Court of Appeals yet the question here is substantial whether the doctrine is right or not, whether its dangerous or not.

Rest of it is at the bottom page 13 of the transcript.