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HARRISON v. UNITED FRUIT COMPANY

141 F.Supp. 35 (1956)

Herbert Miles HARRISON, Plaintiff, v. UNITED FRUIT COMPANY, Defendant.

United States District Court S. D. New York.

May 18, 1956.

Attorney(s) appearing for the Case

David Haar, New York City, for plaintiff.

Burlingham, Hupper & Kennedy, New York City, Eugene Underwood, William M. Kimball, Gerard Harrington, Jr., New York City, of counsel, for defendant.

LEVET, District Judge.

The defendant has moved to dismiss the complaint in this action to recover damages for personal injuries allegedly sustained as a result of an airplane accident in the Republic of Honduras. The grounds for the defendant's motion are: (1) the doctrine of forum non conveniens, to wit, the forum selected is inappropriate and oppressive; and (2) that the prosecution of this action in New York would impose an unconstitutional burden on commerce....

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