BROWN, Judge
Action by John F. Kantakcvich against the Delaware, Lackawanna & Western Railroad Company for plaintiff's injuries sustained while crossing defendant's railroad tracks. On motions by defendant to quash summons or to refuse to entertain jurisdiction.
Motions denied.
E. Burke Finnerty, of Jersey City, for plaintiff.
John A. Laird, of Newark, for defendant.
BROWN, Judge.
The defendant moves to quash the summons and set aside the complaint in the above entitled cause or in the alternative refuse to entertain jurisdiction. According to the allegations in the complaint the plaintiff is a resident of Scranton, Pennsylvania, and the defendant is a corporation organized and existing by virtue of the laws of that state. In September, 1937, the plaintiff was injured at Scranton while crossing the railroad tracks of the defendant. It is charged the plaintiff at the time was using a pathway which because of its general use by the public became a "permissive crossing" under the laws of Pennsylvania requiring the defendant, in the operation of its trains over the crossing, to sound a warning to persons using the pathway. It is alleged the defendant failed in this duty whereby the plaintiff was injured. The summons was served on the defendant in the County of Hudson in compliance with R.S. 2:26-44, N.J.S.A. 2:26-44, a statute providing for the service of process on foreign corporations. The affidavit presented in support of the motion contains the statement that "practically" all the witnesses in the case, the number not being mentioned, reside in Pennsylvania; that neither New Jersey nor any of its citizens have any interest in the case; that no good reason exists for burdening the taxpayers of New Jersey with the expense of the litigation and delaying the trial of causes of its own citizens. It is also stated that if the cause is brought to trial, it will be necessary to bring four or five members of the defendant's train crew from Pennsylvania to New Jersey for an extended period of time thereby requiring replacements; that it would likewise be necessary to bring civil engineers together with experts on the law of Pennsylvania from that state at great cost and inconvenience. It is further stated a similar case tried in this state consumed two weeks of time and four other cases of a similar nature are now awaiting trial in the courts of New Jersey all of which will entail great expense to the taxpayers of our state. It is conceded in this case and clearly established by decisions of our appellate courts that the cause sub judice is a transitory action. Hale v. Lawrence, 21 N.J.L. 714, 47 Am.Dec. 190; Ackerson v. Erie Railway Co., 31 N.J.L. 309; Metcufskie v. Philadelphia & Reading Railway Co., 97 N.J.L. 100, 116 A. 170; Kopenhafer v. Pennsylvania R. Co., 106 N.J.L. 530, 148 A. 629. It is interesting to note in the case of Gardner v. Thomas, 14 Johns. 134, 7 Am.Dec. 445, which is cited by Chief Justicesuch courts, or from motives of convenience to themselves or suitors". The question of whether a trial court should refuse to exercise its jurisdiction where the reasons are cogent and clear involves more than comity, courtesy or the doctrine of forum non conveniens. It may involve reasons which might be successfully advanced in cases between citizens of our state in our courts; an increase of judges and courts necessitated by an excessive influx of foreign litigation from other states and foreign countries attended by an unreasonable burden of expense upon the taxpayers of New Jersey and to the detriment of citizens of our state in having their cases tried; the prevention of vexatious practices in the trial of cases and to leave our trial courts their inherent right to see that justice is fairly administered and to encourage trials to be held in the forum where the remedy is more complete. It involves not only the right of a foreign litigant but also the remedy to be fairly and justly controlled. Stated more succinctly where the ends of justice clearly indicate that if a controversy tried in this state would result in an unfair burden upon and disadvantage to citizens of this state or that the controversy may be more suitably tried and the remedy more complete in another forum, then the parties should be relegated to that forum. A detailed and settled rule of procedure that would apply in every case is difficult if not impossible to state. It may be necessary to decide each case upon the facts and circumstances connected with the case. Viewed in the light of those considerations the facts presented on this motion do not convince this court that it should refrain from exercising its jurisdiction. To have a train crew travel from Scranton to Jersey City as well as the other witnesses mentioned is not an unreasonable interference with interstate commerce or a hardship on the defendant in view of present day conveniences for travel. As to a view by a jury of the locus in quo this would be a matter of discretion which is seldom exercised or necessary and from the proof presented it probably will be unnecessary in this case. Advances in the art of photography and the skill of engineers furnishes ample facilities for a fair presentation of the place of the occurrence. Concerning the factor of expense to the county of Hudson in the trial of the cause while an unusual number of transitory actions have been brought in that county lately, they are not so numerous or the burden upon the taxpayer so great as to move this court to grant the motion of the defendant.