Viertels v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York, Ontario and Western Railway Company, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 8th day of January, 1918, denying defendant’s motion to change the place of trial from Bronx county to Sullivan county on the ground of the convenience of witnesses.
1Opinion of the Court
Page, J.:
The action was brought to recover for personal injuries alleged to have been sustained by the plaintiff, a passenger on defendant’s railroad, in alighting from a train at the station in Parksville. At the place where plaintiff was required to leave the train 'there was no platform; the ground was rough and uneven and some distance below the step of the car. Plaintiff fell and sustained a fracture of the leg. The defendant claims to have, in addition to its own employees, sixteen witnesses, residents of Parksville, whom it claims it intends to call to prove the condition of the ground…
2Cases cited1 opinion
- Larkin v. Watson Wagon Co.Appellate Division of the Supreme Court of the State of New York · 1902