Kinsman Transit Co. v. Dunham Towing & Wrecking Co.

N.D. Ohio

Kinsman Transit Co. v. Dunham Towing & Wrecking Co.

122 F. Supp. 911, 1953 U.S. Dist. LEXIS 2031

CourtDistrict Court, N.D. Ohio

DecidedSeptember 9, 1953

DocketNo. 3536

StatusPublished

Cited by3 cases

This text of 122 F. Supp. 911 (Kinsman Transit Co. v. Dunham Towing & Wrecking Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kinsman Transit Co. v. Dunham Towing & Wrecking Co., 122 F. Supp. 911, 1953 U.S. Dist. LEXIS 2031 (N.D. Ohio 1953).

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Opinion

FREED, District Judge.

I am unable to agree with the conclusion reached in Puget Sound Tug and Barge Co. v. The Go-Getter, D.C. 1952, 106 F.Supp. 492. It is unnecessary to belabor the construction of the phrase in question or to engage in a lengthy discussion of semantics. It is sufficient to say that the words “any civil action”, as used in 28 U.S.C. § 1404 (a), are broad enough, in my view, to embrace actions in Admiralty. Paco Tankers, Inc. v. Atlantic Land & Improvement Co., D.C. 1952, 108 F.Supp. 406; Le Mee v. Strackfus Steamers, D.C. 1951, 96 F.Supp. 270; Crawford v. Ann Arbor R. Co., D.C. 1950, 94 F.Supp. 29; and St. Paul Fire & Marine Ins. Co. v. American Mail Line, D.C. 1950, 94 F.Supp. 28, are all in accord. I am of the opinion that the Court may, under the statute, transfer an Admiralty case, just as it may any other suit, if the facts of the particular case warrant such action.

In this instance, the libelant has an operating office in this district and the respondent’s principal business office is located in this district. The contract which was being performed when the accident occurred was negotiated in this district, and negotiations prior to the bringing of this libel were also conducted in this district. The libelant’s choice of forum is a substantial right and should not be disturbed unless the balance of convenience lies strongly in favor of the respondent. Boyd v. Grand Trunk Western R. Co., 1949, 338 U.S. 263, 70 S.Ct. 26, 94 L.Ed. 55; Nicol v. Koscinski, U. S. Dist. Judge, 6 Cir., 1951, 188 F.2d 537. The facts inherent in this case clearly demonstrate that the balance of convenience does not lie strongly in the respondent’s favor. It may not be said, that “for the convenience of the parties and the witnesses and in the interest of justice”, the case should be transferred.

Motion to transfer overruled.

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FREED, District Judge.

I am unable to agree with the conclusion reached in Puget Sound Tug and Barge Co. v. The Go-Getter, D.C. 1952, 106 F.Supp. 492. It is unnecessary to belabor the construction of the phrase in question or to engage in a lengthy discussion of semantics. It is sufficient to say that the words “any civil action”, as used in 28 U.S.C. § 1404 (a), are broad enough, in my view, to embrace actions in Admiralty. Paco Tankers, Inc. v. Atlantic Land & Improvement Co., D.C. 1952, 108 F.Supp. 406; Le Mee v. Strackfus Steamers, D.C. 1951, 96 F.Supp. 270; Crawford v. Ann Arbor R. Co., D.C. 1950, 94 F.Supp. 29; and St. Paul Fire & Marine Ins. Co. v. American Mail Line, D.C. 1950, 94 F.Supp. 28, are all in accord. I am of the opinion that the Court may, under the statute, transfer an Admiralty case, just as it may any other suit, if the facts of the particular case warrant such action.

In this instance, the libelant has an operating office in this district and the respondent’s principal business office is located in this district. The contract which was being performed when the accident occurred was negotiated in this district, and negotiations prior to the bringing of this libel were also conducted in this district. The libelant’s choice of forum is a substantial right and should not be disturbed unless the balance of convenience lies strongly in favor of the respondent. Boyd v. Grand Trunk Western R. Co., 1949, 338 U.S. 263, 70 S.Ct. 26, 94 L.Ed. 55; Nicol v. Koscinski, U. S. Dist. Judge, 6 Cir., 1951, 188 F.2d 537. The facts inherent in this case clearly demonstrate that the balance of convenience does not lie strongly in the respondent’s favor. It may not be said, that “for the convenience of the parties and the witnesses and in the interest of justice”, the case should be transferred.

Motion to transfer overruled.

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122 F. Supp. 911, 1953 U.S. Dist. LEXIS 2031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinsman-transit-co-v-dunham-towing-wrecking-co-ohnd-1953.

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