Baker v. Atlantic Coast Line Railroad

WILLIAM H. MANESS, Circuit Judge.

By its motion to dismiss without prejudice filed October 12, 1962, the defendant-railroad seeks an order of this court declining to exercise its jurisdiction in this cause by the application of the doctrine of forum non conveniens. There is no dispute as to the controlling facts set forth in the motion and the affidavit in support thereof. Such facts and circumstances disclose a cause of action under the Federal Employers’ Liability Act, 45 U.S.C.A., §51 et seq., asserted by the administratrix of a deceased employee for whose death the defendant-railroad is…