[DOWNLOAD] "Mooney v. Denver & R. G. W. R. Co." by Supreme Court Of Utah " eBook PDF Kindle ePub Free
eBook details
- Title: Mooney v. Denver & R. G. W. R. Co.
- Author : Supreme Court Of Utah
- Release Date : January 07, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
LATIMER, Justice. Thomas B. Mooney, a resident of Denver, Colorado, commenced an action in the District Court of the Third
Judicial District in and for Salt Lake County, State of Utah, to recover for certain personal injuries occasioned to him by
the alleged negligent acts and conduct of the defendant, Denver and Rio Grande Western Railroad Company. The accident happened
at Tabernash, Colorado, which is located approximately 66 miles west from the city of Denver, Colorado, and approximately
500 miles from the city of Salt Lake, Utah. The defendant, Denver and Rio Grande Western Railroad Company, is a corporation
organized and existing under and by virtue of the laws of the State of Delaware and is authorized to transact business in
the State of Utah with its principal place of business at Salt Lake City. It is engaged in interstate commerce and maintains
and operates an interstate railway in the states of Utah and Colorado. While a major portion of the business of the defendant
carrier may be carried on in the State of Colorado a large and substantial amount is transacted in this state. There are in
excess of 298 miles of main line trackage belonging to the defendant in this state and it is one of the two principal east-west
continental lines running between Salt Lake City, Utah, and Denver, Colorado. After the service of summons on defendant's process agent, the defendant company appeared specially and moved to dismiss
plaintiff's complaint upon the grounds of forum non conveniens. This motion was supported by an affidavit filed by counsel
for defendant corporation. In substance, the affidavit averred that the plaintiff was a resident of the state of Colorado
and the defendant a corporation of the state of Delaware; that the witnesses for the defendant, estimated to be ten in number
and necessary to the defense of the action, resided in the state of Colorado; that because processes from the courts of this
state were ineffective the defendant was unable to compel the attendance of the necessary witnesses at a hearing in Salt Lake
City, Utah, without meeting the financial terms and conditions demanded by the witnesses; that of the ten witnesses, three
would be physicians and surgeons and that they would not attend without additional compensation and extra expense allowances;
that all of the ten witnesses lived within a convenient distance of the courts located in the city of Denver, Colorado; that
there are both state and federal courts which have jurisdiction to try the action available in Colorado; that defendant is
at a disadvantage in presenting its defense in this state in that it is impossible to have the jury view the premises where
the accident took place or to view the defective equipment which allegedly caused the injury to plaintiff; that the trial
of the action in the Third Judicial District Court would add to the congestion of the calendar in that district and would
delay the trial of cases involving local residents and local issues of pressing importance; that the trial of this and similar
cases between non-residents of Utah is increasing the administrative costs of the local courts and imposing additional burdens
upon the citizens of this state, both financial and in the performance of their civic duties as jurors; that the distance
between Denver, Colorado, and Salt Lake City, Utah, is 570 miles and that the cost to the defendant to litigate the case in
this jurisdiction would amount to approximately $1,500.00.