Tuthill v. Long Island Railroad

This action is based upon the negligence of the defendant, which resulted in injury to the plaintiff. The venue is laid in Orange county, where the plaintiff resides, and the defendant made a motion, at a special term of this court, to change the place of trial from Orange county to either Kings or Queens county for the convenience of witnesses. The motion was denied, and the defendant has appealed from the order of denial.

The defendant swears to 20 witnesses, and the plaintiff swears to 21. Assuming, as we must, that all these witnesses are deemed *1030necessary by the parties, the plaintiff…