Sparks v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Traction Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 25th day of September, 1901, denying the defendant’s motion to change the place of trial of the action from the county of Erie to the county of Albany.
1Opinion of the Court
Adams, P. J.:
This action was brought to recover damages for an alleged breach of contract of employment, and- the venue was laid in Erie county.
The defendant’s motion to change the place of trial to the county of Albany was based upon the ground of the convenience of witnesses, and also because the ends of justice would be promoted by such change.
The rule which has governed this court in its consideration of appeals of this' nature has been repeatedly declared to be that on a motion to change the place of trial of a transitory action for the convenience of witnesses, where it appears that the…
2Cases cited1 opinion
- Fitzgerald v. PaynNew York Supreme Court · 1894
3Cited by3 opinions
- Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Adie v. William Knabe & Co. Manufacturing Co.New York Supreme Court · 1925