STATE EX REL. NORFOLK, & WESTERN RY. CO. v. COURT OF COMMON PLEAS OF CUYAHOGA CTY.

No. 87-589.

35 Ohio St. 3d 151 (1988)

THE STATE, EX REL. NORFOLK & WESTERN RAILWAY COMPANY, APPELLANT, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 10, 1988.


Attorney(s) appearing for the Case

Curtiss L. Isler, Dale F. Kainski and Henry D. Light, for appellant.

John T. Corrigan, prosecuting attorney, Patrick J. Murphy and Colleen C. Cooney, for appellees.


Per Curiam.

Mandamus will not lie to compel a trial judge to invoke the doctrine of forum non conveniens since this rule involves the exercise of a trial judge's sound discretion. Accordingly, the judgment of the court of appeals is affirmed. We observe, however, that in dismissing the defendant railway company's request for the application of the doctrine, the trial court noted that Ohio has never adopted...

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