Abraham v. Piereschi
Abraham v. Piereschi
Opinion of the Court
delivered the opinion of the court.
In this case the appellant, as representative of his minor son, brought suit for damages in the District Court of Mayagüez, where the appellee resides, based on an automobile accident that occurred in the town of Aibonito within the judicial district of G-uayama. He alleged that as a consequence thereof his son’s left thigh bone was fractured, leaving him with his left leg shorter than the other, and also that his under lip was lacerated. Before the case was called for trial the plaintiff moved for a change of venue to the District Court of Guay ama for the convenience of the witnesses. The District Court of Mayagiiez overruled the motion and the plaintiff appealed to this court from that ruling, alleging that it was erroneous.
The power given to the court by section 83 of the Code of Civil Procedure to grant a change of venue when the convenience of witnesses and the ends of justice would be promoted thereby, are discretional and, therefore, in order to reverse an order granting or denying a change of venue on the above ground, we must be convinced that the court abused its discretional power. As grounds for his motion the plaintiff alleged in the court below that his witnesses were school children living in Aibonito, who saw the accident and
In AÜeAV of these verified pleadings of both parties we can not hold that there was a manifest abuse of discretion on the part of the trial judge in overruling the motion for a change of venue and his ruling is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.