Legal Opinion · Concurrence

Running v. Southwest Freight Lines, Inc.

Supreme Court of Arkansas

Decided July 13, 1957No. 5-1265Published

1ConcurrenceEd. F. McFaddin, Associate Justice

I concur in the reversal of this case; but I regret very much to see the majority adopt by judicial legislation the doctrine of forum non conveniens in regard to transitory tort actions.1 This is the usual transitory tort action: the plaintiff is a resident of Missouri; the alleged tort occurred in Illinois; and the suit is brought in Arkansas where service was obtained on the defendant. The defendant interposed the plea of “forum non conveniens”; and this Court now sanctions that plea. I think the doctrine of forum non conveniens should not be applied to transitory tort actions, absent any…

2Cases cited22 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  3. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  4. Missouri Ex Rel. Southern Railway Co. v. MayfieldSupreme Court of the United States · 1950
  5. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881

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