Mazula v. Delaware & Hudson R.

CONGER, District Judge.

Motions by the defendant [1] to transfer this suit to the Northern District of New York pursuant to § 1404(a) of the Judicial Code, 28 U.S.C.A., and [2] to vacate or modify a'notice of examination.

This action was brought pursuant to the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., and the Safety Appliance Act, 45 U.S.C.A. § 1 et seq.

On or about the 24th day of July, 1949 in the City of Cohoes, New York, plaintiff’s intestate was struck and-killed by an engine, owned and operated by the defendant.

Plaintiff’s intestate left him surviving…