Penrod v. Baltimore & Ohio Railroad

This is an appeal from a judgment of the Court of Common Pleas of Franklin County.

The complaint contains two claims within the Federal Employers’ Liability Act for personal injury damages allegedly sustained by plaintiff-appellant, Stephen E. Penrod, by the negligence of defendant-appellee, Baltimore & Ohio Railroad Company. The trial court sustained appellee’s motion to stay the action in a written decision, which reads as follows:

“This matter is before the Court on Defendant’s motion to stay action for improper venue pursuant to Civil Rule 3(D).

“Without going into all of the facts and case…