Willoughby v. Buffalo, Rochester & Pittsburg Railway Co.

Citations

• 203 Pa. 243
• 52 A. 188
• 1902 Pa. LEXIS 697

Syllabus

<p>Practice, C. P. — Ti'ial—Change of venue.’</p> <p>In applications for a change of venue the court below should find and clearly state the facts, disclosed by the pleadings and the testimony presented. It should also keep in view and note the distinction between applications made under the different sections of the Act of March 30, 1875, P. L. 35.</p> <p>Where a petition for a change of venue alleges that a large number of the inhabitants of the county have an interest in the question involved in the action adverse to the applicant, and this is supplemented by the oath of the applicant that “ he verily believes that local prejudice exists, and that a fair trial cannot be had in the county,” and the evidence is sufficient to support these averments, the applicant is entitled of right to a change of venue, and the court is not called upon to exercise its discretion, nor to determine whether the applicant could have a fair and impartial trial in the county where the cause is pending.</p> <p>While the 3d section of the act of March 80, 1875, relating to change of venue, authorizes the court to hear the parties by affidavits, the 2d section does not designate the manner in which the evidence is to be presented for consideration. The better practice is for the court to hear the witnesses produced by the parties, or for the testimony to be taken on a rule before competent authority, with notice to the opposite party. In either way the witnesses will be subject to cross-examination, and their knowledge of the facts can be more fully and definitely ascertained.</p>