Klein v. Brooklyn Majestic Theatre Co.

Order reversed, with $10 costs and disbursements, and motion denied, with costs. We think that the order for the second examination should stand. It appears possible that the same cause required the amputation of both breasts, and, if so, the plaintiff could not attribute the injury to the right breast, for which she seeks damages, to the negligence, or wholly to the negligence, of the defendant, complained of in this action. Defendant is not chargeable with shortcomings in the matter, and the facts shown justified the Special Term in granting the second order, which is properly limited in its scope. See Dambmann v. Butter-field, 15 Hun, 495 . See, also, 132 N. Y. Supp. 1134 .