SOUTHERN RAILWAY COMPANY v. BOWLING

No. 60-622.

129 So.2d 433 (1961)

SOUTHERN RAILWAY COMPANY, a Foreign corporation, Appellant, v. Junior L. BOWLING, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 25, 1961.


Attorney(s) appearing for the Case

Scott, McCarthy, Preston, Steel & Gilleland and Robert J. Beckham, Miami, for appellant.

Nichols, Gaither, Green, Frates & Beckham, Miami, for appellee.


HORTON, Chief Judge.

This appeal seeks the reversal of an order denying the appellant's motion to dismiss. This was an action brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. By its motion, the appellant sought application of the doctrine of forum non conveniens. The cause of action arose in the State of Georgia between non-residents of this state.

The application of this doctrine is discretionary on the part of the trial judge...

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