Havryczuk v. Berger

Apparently this application raises a somewhat novel question. Certainly no authorities directly in point have been submitted. Motion is for the examination before trial of two witnesses, employees of the defendant, in this negligence action based upon the death of plaintiff’s husband, by reason of the negligent act of the defendant or his employees.

The fact that it is a death case has raised the particular question that I am called upon to settle. In the affidavit made by the plaintiff, the administratrix of her husband’s estate, it is shown that she has no personal knowledge whatever of the…