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BALTIMORE & OHIO R.R. CO. v. AMERICAN VISCOSE CORP

November 20, 1959

BALTIMORE AND OHIO RAILROAD COMPANY
v.
AMERICAN VISCOSE CORPORATION



The opinion of the court was delivered by: WOOD

Although the venue of this action by the Railroad against American Viscose is proper in the technical sense, American Viscose urges this Court to transfer the case to the Federal Court having jurisdiction over Parkersburg, West Virginia. *fn1" The basis of this contention is that the convenience of American Viscose will thus be served by making readily available to it the witnesses and judicial records and exhibits from the case against the Railroad. The Railroad's position is essentially that American Viscose did not worry about the inconvenience it caused the Railroad by not assisting in the defense of the original suit. Therefore, the Railroad argues, it may properly take advantage of its choice of a forum.

 We agree with the Railroad. We see no serious obstacles present in retaining jurisdiction over this action. The Railroad has chosen the Eastern District of Pennsylvania as the place in which to bring this suit. The defendant's principal office is in Philadelphia. Furthermore, on the face of the record as it now stands, it appears that Pennsylvania law will govern the effect of the indemnity provisions of the sidetrack agreement.

 Therefore, on this 20th day of November, 1959, it is ordered that the defendant's motion to ...


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