Forcum-Dean Co. v. Missouri Pacific Railroad Co.

BARROW, Justice.

This is a suit by appellant, Forcum-Dean Company, a partnership composed of citizens of Colorado, against appellee, Missouri Pacific Railroad Company, for damages to cantaloupes shipped in 1957 from Avon-dale, Colorado, to New York City. The defendant answered by a plea invoking the doctrine of forum non conveniens. The trial court heard evidence on the plea and thereafter sustained the plea and dismissed the case. Subsequently the trial court filed findings of fact and additional findings of fact and conclusions of law.

Appellant bases this appeal upon one point: “The trial…