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McKenzie v. Albany & Hudson Railroad

113 N.Y.S. 1138 Court N.Y. App. Div. Decision date 1908-12-24 English

Contents

Majority

p. 1138
McKENZIE v. ALBANY & H. R. CO.
(Supreme Court, Appellate Division, First Department.
December 24, 1908.)

Headnote

Appeal from Trial Term, New York County. Action by Violet S. McKenzie, executrix of Clarence McKenzie, against the Albany & Hudson Railroad Company. From an order denying a motion for a change of venue, defendant appeals. Reversed, and motion granted. Glenn M. Congdon, for appellant. Noah A. Stancliffe, for respondent.

We think this action should be tried in the county in which the accident occurred and which is more convenient to a majority of the witnesses. Order should be reversed, with $10 costs and disbursements, and the motion granted.