Hyperlawhypertext legal database Kinsella v. Second Avenue Railroad 61 N.Y. Super. Ct. 454

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Kinsella v. Second Avenue Railroad

61 N.Y. Super. Ct. 454 29 Jones & S. 454 Court N.Y. Super. Ct. Decision date 1892-05-02 English

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p. 454
EDWARD BREARTON KINSELLA, Appellant v. THE SECOND AVENUE RAILROAD COMPANY, Respondent.

Headnote

Action for negligence—Examination of plaintiff before trial. Order for same should restrict examination to questions as to the time when
p. 455
and fhe place where fhe alleged accident occurred and as to residence of plaintiff at fhe time of fhe accident.
Before Sedgwick, Ch. J., and McAdam, J.
Decided May 2, 1892.
Appeal by plaintiff from order denying a motion to vacate an order requiring plaintiff to submit to an examination before trial. The action was for personal injuries caused by the alleged negligent management of one of defendant’s street cars, whereby plaintiff was run over by the horses attached thereto while crossing the street.
W. Bourke Cockran, attorney, and Wales F. Severance of counsel, for appellant.
Merrill & Rogers, attorneys, and Jason Hinman of counsel, for respondent.

Order modified as indicated in head note, and as modified, affirmed without costs.