Gulf Oil Corp. v. Gilbert
- Decided
- March 10, 1947
- Docket
- 93
- Status
- Published
- Jurisdiction
- Federal
Cited 5,292 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute, superseded on other grounds, overruled on other grounds (9 of 65 verified; none is a verified overruling) · HSBC Bank (Uruguay) S.A. v. Seaboard Corporation
What later courts said
- holding that private interest factors include the “availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses” — Seales v. Panamanian Aviation Co. (2009)
- recognizing that plaintiffs “affidavits and argument are devoted to controverting claims as to defendant’s inconvenience rather than to showing that the present forum serves any convenience of his own” — Alfadda v. Fenn (1997)
- holding that in fomm non conveniens context, governing law is a factor to be considered in determining whether alternative forum is more convenient — Insight Holding Group, LLC v. Sitnasuak Native Corp. (2010)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Justice Jackson delivered the opinion of the Court.
The questions are whether the United States District Court has inherent power to dismiss a suit pursuant to the doctrine of jorum non conveniens and, if so, whether that power was abused in this case.
The respondent-plaintiff brought this action in the Southern District of New York, but resides at Lynchburg, Virginia, where he operated a public warehouse. He alleges that the petitioner-defendant, in violation of the ordinances of Lynchburg, so carelessly handled a delivery of gasoline to his warehouse tanks and pumps as to cause [*503] an explosion and fire which consumed the warehouse building to his damage of 141,889.10, destroyed merchandise and fixtures to his damage of $3,602.40, caused injury to his business and profits of $20,038.27, and burned the property of customers in his custody under warehousing agreements to the extent of $300,000. He asks judgment of $365,529.77 with costs and disbursements, and interest from the date of the fire. The action clearly is one in tort.
Statutes cited
Cite this
Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947)Read the full opinion
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