
    Charles L. Douglas, Appellant, v. The New York, New Haven and Hartford Railroad Company, Respondent.
    
      Courts —jurisdiction — State courts may decline jurisdiction of action for tort committed in foreign State where both parties are non-residents even though brought under Federal statute — motion to vacate service of summons and complaint properly granted.
    
    
      Douglas v. N. Y., N. H. & H. R. R. Co., 223 App. Div. 782, affirmed.
    (Argued May 4, 1928;
    decided May 29, 1928.)
    Appeal on constitutional grounds from a judgment entered April 5, 1928, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which unanimously affirmed an order of Special Term granting a motion by defendant for an order vacating the service of the summons and complaint and for a dismissal of the complaint. The plaintiff, a citizen of the State of Connecticut, was injured while working in that State for defendant, which is a Connecticut corporation, and brought this action under the Federal Employers’ Liability Act to recover damages.
    
      
      Charles D. Lewis, Thomas J. O’Neill, John Ambrose Goodwin and Leonard F. Fish for appellant.
    
      E. R. Brumley, F. J. Rock and John M. Gibbons for respondent.
   Judgment affirmed, with costs, on the authority of Murnan v. Wabash Ry. Co. (246 N. Y. 244).

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  