Bagdon v. Philadelphia & Reading Coal & Iron Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philadelphia and Reading Coal and Iron Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of November, 1916, sustaining a demurrer to certain defenses contained in the answer.
1Opinion of the Court
Putnam, J.:
This demurrer raises the important question of the power of a State court to decline jurisdiction on the ground of forum non conveniens, or other reason rendering a trial here inexpedient. There is the more cause for the exercise of this inherent power because of the jurisdiction of the Federal courts for such suits by non-residents against foreign corporations. (Barrow Steamship Co. v. Kane, 170 U. S. 100.) This complaint does not aver that plaintiff resides in this State. In fact the “ presumption of continuance ” would lead to the view that he still resides in Shenandoah, Penn.
Wh…
2Cases cited4 opinions
- Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Collard v. BeachAppellate Division of the Supreme Court of the State of New York · 1903
- Waisikoski v. Philadelphia & Reading Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by5 opinions
- Sacco v. Baltimore & OR Co.District Court, E.D. New York · 1944
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. WolfWisconsin Supreme Court · 1929
- McCauley v. Georgia Railroad BankNew York Supreme Court · 1924
- Yesuvida v. Pennsylvania RailroadNew York Supreme Court · 1951
- Jacobsen v. United States Shipping Board Emergency Fleet Corp.New York Supreme Court · 1926