Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the United States Supreme Court to compel the original tribunal to hear the case. Held, application denied since the transfer was a proper one. Ex parte Collett, 337 U.S. 55, 69 S.Ct. 944 (1949).
Thomas L. Waterbury S. Ed.,
FEDERAL PROCEDURE-CHANGE OF VENUE-APPLICABILITY OF §1404(a) OF THE JUDICIAL CODE OF 1948 TO CASES ARISING UNDER THE FEDERAL EMPLOYERS' LIABILITY ACT AND THE SHERMAN ANTI-TRUST ACT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss3/12