STATE v. DISTRICT COURT

No. 10232.

365 P.2d 512 (1961)

STATE of Montana ex rel. GREAT NORTHERN RAILWAY COMPANY, a corporation, Relator, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF SILVER BOW, and the Honorable T. E. Downey, Judge Presiding, Respondents.

Supreme Court of Montana.

Rehearing denied November 1, 1961.


Attorney(s) appearing for the Case

Weir, Gough & Booth, Ward A. Shanahan, Edwin Booth (argued orally), Helena, for relator.

Shone & Sullivan, A.G. Shone (argued orally), Butte, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding wherein relator filed in this court a petition for an appropriate writ, contending that the respondent court had abused its discretion in denying a motion to dismiss a civil action, in which relator was named as a defendant upon the ground of forum non conveniens.

It appears that the plaintiff alleged in that action that he was injured at Spokane, Washington, while employed by the defendant...

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