274 N.W. 623 | Minn. | 1937
Change of venue for convenience of witnesses and in the interest of justice is largely within the discretion of the trial court, and were it not for the facts presently to be stated its decision would not be disturbed. 6 Dunnell, Minn. Dig. (2 ed. Supps. 1932, 1934) § 10127. Esther Schlekau set up a counterclaim for injuries she received in the same collision, alleged to have been caused by relator's negligence, and specifically charges that he was driving his car when under the influence of intoxicating liquor. Relator shows that he has some 10 or 11 persons residing near Jackson whom it will be necessary to call as witnesses to meet such issue. There *633 is nothing to show that on that issue either party has any witness residing elsewhere than near the county seat of Jackson county. This issue so raised by Schlekau seems to us to go far to establish that there was abuse of judicial discretion in refusing to remand the cases to Jackson county for trial, where this large number of necessary witnesses could easily attend conveniently and without great traveling expense. In addition, consideration should be given to the fact that should it appear necessary that the jury view the place of collision, it could not well be done if the trial is had in Ramsey county.
Let the writ issue as prayed.