Brown v. Seaboard Coast Line Railroad Co.

Full title: BROWN v. SEABOARD COAST LINE RAILROAD COMPANY

Court: Court of Appeals of Georgia

Date published: Oct 17, 1972

193 S.E.2d 192 (Ga. Ct. App. 1972)

193 S.E.2d 192

Opinion

46800.

ARGUED JANUARY 7, 1972.

DECIDED OCTOBER 17, 1972.

Action under F. E. L. A. Fulton Superior Court. Before Judge Etheridge.

Parks Eisenberg, David S. Eisenberg, for appellant.

Troutman, Sanders, Lockerman Ashmore, Robert L. Pennington, Jeffrey R. Nickerson, for appellee.

PANNELL, Judge.

The courts of this State may not apply the doctrine of forum non conveniens to an action under the Federal Employers' Liability Act properly brought in a court in this State by a citizen of another State on a cause of action originating in yet another State, so as to refuse to exercise its jurisdiction and dismiss without prejudice the action so brought. Brown v. Seaboard C. L. R. Co., 229 Ga. 481, answering certified question from this court. Accordingly, the trial judge in the present case erred in sustaining the defendant railroad's motion to dismiss the complaint on the ground of forum non conveniens.

Judgment reversed. Hall, P. J., and Quillian, J., concur.

ARGUED JANUARY 7, 1972 — DECIDED OCTOBER 17, 1972.