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

wrote a dissenting opinion which was concurred in by the Chief Justice and Mr. Justice ROBERTS. This dissenting opinion brings out in bold relief the divergent views members of that court held with respect to whether the venue provisions of the F. E. L. A. limit the right of a state court to deal with citizens of its forum. The dissenting justices announced their concept of the law in the following language:

“Nor does it question the familiar doctrine of forum non conveniens under which a court having statutory jurisdiction may decline its facilities to a suit that in justice should be tried…