Brainard v. Atchison, T. & S. F. Ry. Co.

81 F. Supp. 211

Opinion

CAMPBELL, District Judge.

Plaintiff brought this action in December, 1946, under the Federal Employers Liability-Act, 45 U.S.C.A. § 51 et seq., seeking re-covery for damages for injuries received in< Newton, Kansas. On October, 29, 1948, after issue had been joined and the case was awaiting trial, defendant moved to. transfer the cause to the District Court of" Kansas under 28 U.S.C.A. § 1404(a).

This type of motion is directed to. the discretionary powers of the Court and,, under normal circumstances, this Court, would promptly transfer the cause upon, timely motion by a defendant, where retention of it would work an injustice tOL. the defendant. However, the case at bar-has been on the trial call of the Court fora considerable length of time, and it is. contemplated that it will go to trial in approximately one week. In fairness to the parties and in the interests of the orderly-administration of justice, a determination of the matter should not now he further delayed.

The motion of the defendant, tp- transferr the cause is, therefore, denied.