would be prohibitive to plaintiff. Finally, that the coroner's inquest reached no conclusion or opinion as to the negligence of defendant's operator.
It is not clear how long Core and Gary were residents of North Carolina or what other relatives, if any, are available there to testify as to pecuniary loss. Doctor Campbell would be testifying as a lay witness. Whether or not North Carolina doctors treated Core and Gary is not clear. A North Carolina forum would be more convenient to plaintiff and to the witness Gary from Florida. Plaintiff himself would have to account to a North Carolina court. King v. Cooper Motor Lines, supra, D.C., 142 F.Supp. at page 407; cf. Chicago R.I. and P.R. Co. v. Igoe, 7 Cir., 1955, 220 F.2d 299, 304. Two of plaintiff's proposed witnesses -- defendant's employees -- would be subject to discovery and defendant to requests for admissions with possible sanctions, together with possible damaging inferences if defendant did not call them as witnesses.
Cases are generally tried with fewer witnesses than predicted. The position of the parties is made more clear where the names, addresses and proposed testimony of witnesses is given. Some cases cited by plaintiff -- National Tea Co. v. The Marseille, D.C.S.D.N.Y.1956, 142 F.Supp. 415; Jenkins v. Wilson Freight Forwarding Co. Inc., D.C.S.D.N.Y.1952, 104 F.Supp. 422; Strypek v. Schreyer, D.C.S.D.N.Y.1954, 118 F.Supp. 918; McKinney v. Southern Pacific Co., D.C.S.D.Tex.1957, 147 F.Supp. 954, to which we add Goodman v. Southern Ry. Co., D.C.S.D.N.Y.1951, 99 F.Supp. 852; Headrick v. A.T. and S.F. Ry. Co., 10 Cir., 1950, 182 F.2d 305 at page 310; Chicago R.I. & Pac. Ry. Co. v. Hugh Breeding Inc., 10 Cir., 1956, 232 F.2d 584, 588; Savage v. Kaiser Motors Corp., D.C.D.Minn.1953, 116 F.Supp. 433 -- stress the necessity of such information to sustain defendant's burden. But see and cf. United States v. Scott & Williams Inc., D.C.S.D.N.Y.1950, 88 F.Supp. 531; Duffy v. United States, D.C.S.D.N.Y.1953, 114 F.Supp. 881; Ex parte Collett, 1949, 337 U.S. 55, 56, 69 S. Ct. 944, 93 L. Ed. 1207; Cinema Amusements Inc. v. Loew's Inc., supra, 85 F.Supp. 325, 326; Nicol v. Koscinski, 6 Cir., 188 F.2d 537, 538; Hayes v. Chicago R.I. & P.R. Co., supra, 79 F.Supp. 821, 826; Miller v. National Broadcasting Co., supra, 143 F.Supp. at page 81, where such information was not provided. And see Chicago R.I. & P.R. Co. v. Igoe, supra, 220 F.2d at page 305, as to the absence of a request for such information, and Ferguson v. Ford Motor Co., D.C.S.D.N.Y.1950, 89 F.Supp. 45, 50, where such a request was made.
The number of witnesses is a factor to be considered as well as the nature and quality of the testimony, the distances and inconveniences involved. Erie R. Co. v. Fritsch, 3 Cir., 1934, 72 F.2d 766, 768; Keller-Dorian Colorfilm Corp. v. Eastman Kodak Co., D.C.S.D.N.Y.1949, 88 F.Supp. 863, 866; Anthony v. RKO Radio Pictures Inc., D.C.S.D.N.Y.1951, 103 F.Supp. 56, 57; Berk v. Willys-Overland Motors Inc., D.C.D.Del.1952, 107 F.Supp. 643, 644. Ultimately the question is not one of numbers alone but of credibility and weight. Wigmore on Evidence, 3rd Ed., §§ 2032, 2034. Hill v. Upper Miss. Towing Corp., D.C.D.Minn.1956, 141 F.Supp. 692, 694-696, holds that such information is not a sine qua non and that in the cases cited by plaintiff there were other elements which contributed to the denial of transfer. We agree. The merits of a motion to transfer should not be decided on that factor alone but only after full consideration of all the facts. In Pennsylvania a plaintiff in a wrongful death action is required to state in the complaint the names and addresses of persons entitled to recover. See 12 P.S. §§ 1602-1603, Rules of Civil Procedure, Rule 2204, 12 P.S.Appendix. Such information may, however, be supplied at a later date. Fuller v. Palazzolo, 1938, 329 Pa. 93, 99, 197 A. 225. Interpretation of § 1404(a) should resist formalization and look to the realities that make for doing justice. Cf. Koster v. Lumbermens Mutual Casualty Co., supra, 330 U.S. at page 528, 67 S. Ct. at page 833, 91 L. Ed. 1067.
While some judges give different emphasis to the various factors, and § 1404 (a) is running into the impact of judges' subjective tests in applying the standards ordered by the statute, see General Felt Products Co. v. Allen Industries Inc., supra, 120 F.Supp. at pages 492, 493, and other courts in interpreting the section have approached it with a different attitude and different standards, see dissent Norwood v. Kirkpatrick, supra, 349 U.S. at pages 35, 36, 75 S. Ct. at page 548, 99 L. Ed. 789, citing cases, upon full consideration of all the facts here present
the court has concluded that the convenience of the plaintiff and the defendant, the convenience of the witnesses and the interest of justice will best be served by transferring this action as requested.
An order of transfer will be filed herewith.