Opinion
No. 28,527.
March 13, 1931.
Court's decision of fact final in change of venue.
On motion for change of venue on the grounds of convenience of witnesses, the district court's determination of the fact issue is final.
Order to show cause in this court upon the petition of Minneapolis, Northfield Southern Railway why a peremptory writ of mandamus should not issue, directed to the district court for Scott county and the Honorable C. M. Tifft, judge thereof, commanding him to remand for trial to the district court for Hennepin county an action for damages for personal injuries instituted by one Carl E. Berg against this petitioner in Scott county. Order to show cause discharged.
Grant L. Martin, for petitioner (relator).
Davis, Michael, Yaeger McGinley and John P. Devaney, for respondents.
Relator resorts to mandamus for the purpose of reviewing an order of the court below in refusing to change the venue on the ground of convenience of witnesses and that such removal will promote the ends of justice. The record presented to us discloses the presence of an issue of fact. The court might have decided either way. There was no abuse of discretion. Under such circumstance the decision of the lower court is final. Coates v. Holden, 181 Minn. 517, 233 N.W. 9.
The order to show cause why a peremptory writ of mandamus should not issue as prayed for in the petition is discharged.