Edison Manufacturing Co. v. Hazard — 58 N.Y. Super. Ct. 566

Majority

p. 566

THE EDISON MANUFACTURING COMPANY, Respondent v. ROWLAND N. HAZARD, Impleaded, Appellant.

Headnote

Examination before trial, when not set aside on the ground that it might, call for. testimony that could be used to subject the examined party to a statutory penalty.

Before Sedgwick, Ch. J., and Dugro, J.

Decided April 9, 1890.

Appeal by defendant from an order denying his motion to set aside an order for his examination before trial.

Moses R. Crow and Albertus Perry, for appellant.

P. Q. Eckerson, for respondent.

The objection taken to the order for defendant’s examination, was that the proposed examination might call for testimony that could be used to subject the defendant to a statutory penalty. The order confined the examination by such limits that it cannot now be said that the apprehended result must happen.

■ In this case, it is best that any question as to a privilege by defendant against inculpating himself be determined upon the examination, when his rights will be completely protected.

Order affirmed with ten dollars costs.