Saxton ex rel. Saxton v. Ocean City
This text of 187 A. 650 (Saxton ex rel. Saxton v. Ocean City) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant seeks to have the venue in a local action changed from Camden county, where the plaintiffs reside, to Cape May county, where the accident occurred.
The action is to recover for personal injuries sustained on the boardwalk at Ocean City. Many municipal officers and employes will be necessary witnesses. The plaintiffs will be obliged to establish their case by calling a number of medical witnesses resident in Camden. Since the cost and inconvenience to the public must be considered, there is more than a mere inconvenience in requiring the defendant to appear in this suit at Camden, the county seat - of Camden county. Keeley v. Belmar, 97 N. J. L. 98; 116 Atl. Rep. 273; Hesselbrock v. Burlington County, 111 N. J. L. 177; 168 Atl. Rep. 45.
The venue should be changed to the county in which the cause of action arose. A rule to that effect may be entered.
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Cite This Page — Counsel Stack
187 A. 650, 14 N.J. Misc. 825, 1936 N.J. Sup. Ct. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saxton-ex-rel-saxton-v-ocean-city-nj-1936.