Majority
p. 899Violet S. McKenzie, as Executrix, etc., of Clarence McKenzie, Deceased, Respondent, v. Albany and Hudson Railroad Company, Appellant.
Headnote
Venue — transitory action — convenience of witnesses.Appeal from an order entered in the Hew York county clerk’s office on the 23d day of October, 1908, denying the defendant’s motion for a change of venue.
We think this action should he tried in the county in which the accident occurred, and which is more convenient to a majority of the witnesses. Order should he reversed, with ten dollars costs and disbursements, and the motion granted. Present — Ingraham, Laughlin, Clarke, Houghton and Scott, J J. Order reversed, with ten dollars costs and disbursements, and motion granted.