Atlantic Coast Line Railroad v. Westbrook

It was not error for the court to admit the affidavits and depositions of the train crews. This evidence -was in rebuttal of the defendant’s contention that a trial in Fulton County, Georgia, would be inconvenient. The evidence tended to show that the defendant would be in no better position if the case was tried in Florida insofar as the testimony of all the living witnesses of the two crews of the trains that collided is concerned.

Under the facts stated above, the conclusion is demanded that the judge did exercise his discretion in overruling the motion.

Assuming, but not deciding, that the…