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KRENGER v. PENNSYLVANIA R. CO.

No. 161, Docket 21211.

174 F.2d 556 (1949)

KRENGER v. PENNSYLVANIA R. CO.

United States Court of Appeals Second Circuit.

On Rehearing May 25, 1949.

Attorney(s) appearing for the Case

John Vance Hewitt, of New York City (Conboy, Hewitt, O'Brien & Boardman and John C. Early, all of New York City, on the brief), for defendant-appellant.

William Samuels, of Brooklyn, N. Y. (William A. Blank, of Brooklyn, N. Y., and Morris S. Borden, of Cleveland, Ohio, on the brief), for plaintiff-appellee.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, an employee of the defendant railroad company residing in Ohio, has secured a verdict and judgment against the company for $28,750 for an accident occurring in Ohio. The defense urged on this appeal is that of improper venue, based upon plaintiff's agreement, made after the accident, to institute no action for the injuries in question except in a court sitting within either the state where the injuries were sustained or the state where...

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