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Schintzius v. Lackawanna Steel Co.

149 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1914-09-30 English

Contents

Majority

p. 1110
SCHINTZIUS, Respondent, v. LACKAWANNA STEEL CO., Appellant.
(Supreme Court, Appellate Division, Fourth Depeitment.
September 30, 1914.)

Headnote

Action by Fedora Schiutsius, as administrator, etc., against the Lackawanna Steel Company.

Order modified, by limiting the inspection and discovery to a time when blast furnace No. 6, or the one nearest thereto, is in operation, upon condition that such furnace shall be operated within 30 days from the date of this order, and notice of such operation be given to plaintiff's attorney, whereupon plaintiff's attorney shall, within 2 days after receipt of such notice, make such inspection and discovery, and give 24 hours' notice to the defendant's attorneys of the precise time, within defendant's working hours, when such inspection will be made, and, as so mothfied, the order is affirmed, without costs of this appeal to either party. _______