Fender v. St. Louis Southwestern Railway Co.

Plaintiff appeals from the judgment of the Circuit Court of St. Clair County dismissing his cause of action and assessing costs against him entered upon allowance of defendant’s “Motion to Decline Jurisdiction” under the doctrine of forum non conveniens.

Plaintiff’s complaint pleads a cause of action under the Federal Employer’s Liability Act (45 USCA, § 51 et seq.) arising out of an occurrence in the Dallas, Texas Yards of the Southern Pacific Railroad.

In its motion to decline jurisdiction defendant states that plaintiff is a resident of Dallas, 870 miles from Belleville, and at the time of…