Waechter

Appeal from an order denying defendant’s motion for change of place of trial. Action to recover the value of a trunk lost by plaintiff while traveling as a passenger on defendant’s railway.

Plaintiff's ticket was for a round trip from Norfolk, Virginia to San Francisco, California, and return, with stopover privileges. The trunk was checked at Santa Barbara for Norfolk, Virginia, on the return trip, and, as alleged by the complaint, was transported by the Southern Pacific Company to Los Angeles, where it was delivered to defendant and by the latter negligently lost and destroyed in transit.

The complaint alleges defendant to be a corporation organized and existing under the laws of the state of Kansas, and operating a line of railroad .from Los Angeles, California, to Chicago, Illinois. The affidavit of the general manager of the defendant filed with the demand for change of place of trial admits the residence of the defendant to be Kansas, but avers that its principal place of business in the state of California is, and, for a long time prior to the commencement of this action, has been, in the city of Los Angeles, county of Los Angeles, state of California; that it is not now…