Brown v. Canadian Pacific Railway Co.

Callahan, J. (concurring).

I cannot agree with the majority view that the burden which would be cast on plaintiff by refusing jurisdiction has relation to the question whether the defendant is unreasonably burdened by the suit. The test of whether the burden on the defendant is unreasonable is clearly indicated by the decisions to be whether the cause of action involved arose out of business done in the State of the forum. There are many confusing situations which would arise if we applied a test of comparative hardship.

Nor do I agree with the reason assigned by the learned justice below in…