Mooney v. Denver & R. G. W. R.

I concur that the defendant’s showing was not sufficient under the doctrine of forum non conveniens to sustain a dismissal. Though that holding disposes of this case since many other problems are discussed and determined in the prevailing opinion, I feel called upon at this time to express my disagreement with some of them.

I think that to dismiss a Federal Employers’ Liability Act suit on the ground of forum non conveniens changes a long established policy of this state which policy carried out the policy of Congress in that act.

Our constitution and statutes expressly give the district court…