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Tuttle v. Lake Shore & Michigan Southern Railway Co.

122 A.D. 900 Court N.Y. App. Div. English

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Majority

p. 900
Catherine Tuttle, as Administratrix, etc., of Andrew J. Tuttle, Deceased, Respondent, v. The Lake Shore and Michigan Southern Railway Company, Appellant.

Order reversed-, without costs, and motion for commission denied, without costs, upon the condition that the defendant on the trial of the action produce the three -witnesses Welsh, Weber and Sutter, and in case of failure of the defendant so to do, the trial shall be suspended for a sufficient length of time to enable the plaintiff to procure the evidence of those witnesses. All concurred.