Majority
p. 745Dominick Vece, an Infant under the Age of Fourteen Years, by Alfonso Vece, His Guardian ad Litem, Appellant, v. Kleinschmidt Magnesia Company, Respondent. Alfonso Vece, Appellant, v. Kleinschmidt Magnesia Company, Respondent. Michael Landi, an Infant under the Age of Fourteen Years, by Antonio Landi, His Guardian ad Litem, Appellant, v. Kleinschmidt Magnesia Company, Respondent. Antonio Landi, Appellant, v. Kleinschmidt Magnesia Company, Respondent. Louis Tolli, an Infant under the Age of Fourteen Years, by Pietro Tolli, His Guardian ad Litem, Appellant, v. Kleinschmidt Magnesia Company, Respondent. Pietro Tolli, Appellant, v. Kleinschmidt Magnesia Company, Respondent.
Order compelling infant plaintiffs to submit to a physical examination affirmed, with ten dollars costs and disbursements, examination to proceed on five days’ notice at the place and hour stated in the order. Under the circumstances presented by this record we are of opinion that the defendant is entitled to the examination demanded. Young, Kapper and Seudder, JJ., concur; Lazansky, P. J., and Davis, J., dissent and vote for reversal.