Blackford v. Lehigh Valley Railroad

The opinion of the court was delivered by

Mague, J.

The first reason urged in support of this rule depends on the following facts:

The declaration charged defendant with negligence in the management of certain of its locomotive engines, whereby a building of plaintiff, with its contents and other personal property belonging to him, were destroyed by fire. It avers that the building was upon lands in Middlesex county, yet the venue was laid in Somerset, and the cause was carried down to the latter county for trial.

*57The proof showed that the building was in fact situated in Middlesex. A motion to…