People v. New York Central — 204 N.Y. 624

Majority

p. 624

The People of the State of New York, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.

(Argued January 11, 1912;

decided January 30, 1912.)

Headnote

People v. If. T. C. <& If. R. R. R. Co., 146 App. Div. 904 , affirmed,

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 21, 1911, which affirmed an

p. 625

order of Special Term denying a motion for the vacation of an order for the examination of witnesses before trial.

The following question was certified: ‘ ‘ Whether, under the circumstances disclosed by the record in this case, the judge who granted the order for examination had the power to order the witnesses named to . submit to the examination sought. ”

Martin E. Me Clary for appellant.

Thomas Carmody, Attorney-General (Benjamin Me Clung and John T. Norton of counsel), for respondent.

Order affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett, Chase and Collin, JJ.