(Download) "Peo. Ex Rel. C. & O. Ry. Co. v. Donovan" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: Peo. Ex Rel. C. & O. Ry. Co. v. Donovan
- Author : Supreme Court of Illinois
- Release Date : January 22, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This original mandamus action is an outgrowth of an action under the Federal Employers' Liability Act which was filed in the circuit court of Cook County against the petitioner, The Chesapeake and Ohio Railway Co., by one of its employees who alleged that he was injured while performing his duties as a check clerk in Ashland, Kentucky. The respondent, the Honorable Thomas C. Donovan, judge of the circuit court, entered an order denying petitioner's motion to dismiss the action under the doctrine of forum non conveniens. The petitioner then sought leave to file this original action seeking the issuance of a writ of mandamus directing respondent to vacate his order denying petitioner's motion to dismiss and further directing him to exercise his judicial discretion in deciding the railroad's motion ""on the basis of the facts presented and in accordance with the standards applicable to the dismissal of actions on the basis of forum non conveniens."" Because the question of law presented is a recurrent one that has a serious impact upon the administration of justice, we granted leave to file. The following undisputed facts appear from the documents submitted in connection with the motion to dismiss. The petitioner is a Virginia corporation. It is licensed to do business in Illinois, but it maintains no railroad lines here. The injured employee and six witnesses, including the three doctors who treated the employee, live 450 miles from Chicago in Ashland, Kentucky, the place where the alleged injuries were incurred. Two other witnesses live 465 and 490 miles from Chicago. The injured employee came to Chicago where he retained counsel and was examined by two orthopedic specialists.
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