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TORRES v. WALSH

Docket Nos. 23472, 23488.

221 F.2d 319 (1955)

Natalie Ortiz TORRES, Petitioner, v. Honorable Lawrence E. WALSH, United States District Judge, Respondent. Application of THE PENNSYLVANIA RAILROAD COMPANY, Petitioner, for a writ of mandamus, or a writ of prohibition, or both, v. Hon. Archie O. DAWSON, District Judge of the United States District Court for the Southern District of New York and said United States District Court, Respondents.

United States Court of Appeals Second Circuit.

Decided April 13, 1955.

Attorney(s) appearing for the Case

Golenbock & Komoroff, New York City (Donald S. Sherwood, New York City, of counsel), for petitioner Natalie Ortiz Torres.

Kirlin, Campbell & Keating, New York City (Roland C. Radice and James B. Magnor, New York City, of counsel), for respondent Honorable Lawrence E. Walsh.

Bleakley, Platt, Gilchrist & Walker, New York City (Robert L. Conkling, New York City, of counsel), for petitioner The Pennsylvania Railroad Company.

Bigham, Englar, Jones & Houston, New York City (James M. Hughes, Jr., New York City, of counsel), for respondent Hon. Archie O. Dawson.

Before FRANK and MEDINA, Circuit Judges, and BRENNAN, District Judge.

MEDINA, Circuit Judge.

These two companion cases, argued on February 14, 1955, serve as illustrations of the law in this Circuit applicable to mandamus and prohibition applications in transfer cases under Section 1404(a), 28 U.S.C.

In the Pennsylvania Railroad Company case, plaintiff's goods, shipped from Waynesboro, Pennsylvania, to Cleveland, Ohio, were damaged in transit; and plaintiff sued the railroad in the United States District Court for the Southern...

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