Brainard v. Atchison, T. & S. F. Ry. Co.

CAMPBELL, District Judge.

Plaintiff brought this action in December, 1946, under the Federal Employers Liability-Act, 45 U.S.C.A. § 51 et seq., seeking re-covery for damages for injuries received in< Newton, Kansas. On October, 29, 1948, after issue had been joined and the case was awaiting trial, defendant moved to. transfer the cause to the District Court of" Kansas under 28 U.S.C.A. § 1404(a).

This type of motion is directed to. the discretionary powers of the Court and,, under normal circumstances, this Court, would promptly transfer the cause upon, timely motion by a defendant, where…