Majority
p. 1148TUTTLE, Respondent, v. LAKE SHORE & M. S. RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. November 27, 1907.)
Action by Catherine Tuttle, as administratrix, etc., against the Lake Shore & Michigan Southern Railway Company. No opinion. 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.