Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-11-02
CHANGE IN VENUE IN
CASE IS NOT GRANTED
JUDGE AVERlLL DECLINES TO
GRANT MOTION BY SOUTH.
ERN PACIFIC CO.

In the matter of the motion argued
by the Southern Pacific company in
the case brought against it by j.
Grant Crumley, asking for change
of venue, Judge Averill this morning
ruled adversely, the following being
the gist of his ruling
The affidavit filed on behalf of the
Southern Pacific company, the movent
in this proceeding, SHOWS that the
company has seven witnesses, three
of whom live in Reno, one in Carson,
one in Sparks, and two in Oakland.
California.
The counter affidavit of the attor-
ney for the respondent Crumley
shows that he has, besides himself,
three witnesses, one of whom resides
IN Tonopah, one elsewhere in Nye
county, and one in Goldfield.
II nothing else were to be consid-
cred but the number of witnesses on
each side, the motion would be easily
| disposed of in favor of the moyent .
but 1t is clear, from the state of the
pleadings, that the evidence of the
TWO ticket clerks, Downing and
O'Dean, is of so little materially, il
any at all, that If they attend the
trial, their presence there should be
wholly upon the responsibility of the
defendant corporation. The witness
| from Carson is the secretary of the
Nevada railroad commission, and is
expected to testify to the filing of a
certain schedule of rates and to iden.
ufy a certified copy thereof. The
railroad commission is part of the
government of the state, of whose ex.
istence and duties, as defined by law,
the courts take judicial cognizance.
and it would seem that certified
copy of schedule filed with it would
prove itself when offered as evidence
This leaves four witnesses against
four counting Crumley as represent.
ing himself and Stuckey as represent
! ing the Southern Pacific. as of the
same rank and class That is to say
| Crumley will be represented in court
by himself and his counsel; the
Southern Pacific by its agent Stuckey
and its counsel. But Stuckey, Mills
and Wysinger are employees, which
on motions for a change of venue, dc
not offset witnesses that are not EN-
ployees. Mills and Wysinger are also
non-residents of the state, class OF
Witnesses not ranked on such motions
with residents. | am not oyerlooking
the fact here that Mills and Wysingel
were respectfully Pullman conductor
and Pullman porter. Under what is
known of the case from the pleadngs
they, together with Stuckey, will be
present at the trial whether it is held
in Reno or in Tonopah, il the com
pany wants them: but the plaintiff
can have no such assurance that his
witnesses will be in Reno when he
wants them, he lacking the contro
over them that an employer has, how
ever much or little that may be.
As to the balancing of expense. tn,
question becomes this: Shall Crum
ley deliver four people at Reno OF
shall the Southern Pacific, whose
transportation system reaches Tono
pah. deliver four people at Tonopah
Without. taking into consideration tn,
probable fact that the southern pa
cihc can carry a passenger NOR,
cheapiy between Reno and Tononal
, than Crumley can nay nassensar,,
. fare between the two places the si,n
alton presents on this phase ~ ~,
, discussion an exact balance. excep
|. that the case was brought In mi
court. proper place for Al an,