Lane v. Town of Hancock
New York Supreme Court
Appeal from special term, Sullivan county. Action by Marvin Lane, as administrator of Sarah A. Lane, against the town of Hancock, to recover damages for the death of plaintiff’s intestate. Defendant appeals from an order denying its motion for a change of venue from Sullivan to Delaware county for convenience of witnesses. Seventeen witnesses living in defendant town were claimed to be material and necessary.
Read the full summary
Appeal from special term, Sullivan county. Action by Marvin Lane, as administrator of Sarah A. Lane, against the town of Hancock, to recover damages for the death of plaintiff’s intestate. Defendant appeals from an order denying its motion for a change of venue from Sullivan to Delaware county for convenience of witnesses. Seventeen witnesses living in defendant town were claimed to be material and necessary. On plaintiff’s behalf it was shown that two of the witnesses did not reside in defendant town, and that some of the other witnesses were more convenient to the county-seat of Sullivan,…
1Opinion of the CourtLearned, P. J.
There are very few cases in which we ought to interfere with the decision of the special term on a motion to change the place of trial for the convenience of witnesses. The matter is one of sound judgment and discretion, not one of law; and, unless there has been a plain and evident misuse of such discretion, the decision of the special term must stand. Such a case is not before us. Without attempting an exact enumeration of the witnesses, it is enough to say that there was no great preponderance on either side. Of course it is well known that, though the convenience of witnesses is the…
2Cited by7 opinions
- McConihe v. PalmerNew York Supreme Court · 1894
- Fitzgerald v. PaynNew York Supreme Court · 1894
- Tyler v. HildrethNew York Supreme Court · 1894
- L'Amoureux v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Payne v. Eureka Electric Co.New York Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.