Fender v. St. Louis S.W. Ry. Co‪.‬

Rehearing denied October 4, 1971. This is an action under the Federal Employers Liability Act instituted by Donald G. Fender against St. Louis Southwestern
Railway Company in the circuit court of St. Clair County. The complaint alleged that the occurrence out of which the action
arose took place in Dallas, Texas. The defendant filed a motion to dismiss forum non conveniens, pointing out the fact that
the place where the accident was alleged to have occurred is 870 miles from East St. Louis, Illinois, where the action was
filed, and that the disposition of cases in the circuit court of St. Clair County is delayed by reason of the extraordinarily
large number of actions filed there. The circuit court granted the motion to dismiss. The Appellate Court, Fifth District,
reversed (125 Ill. App.2d 211), and we granted leave to appeal.