McMahon v. Hayes-73rd Corp.

Motion by plaintiff to examine defendants before trial.

Plaintiff’s intestate was injured by a falling ceiling while a patient in a hospital where he was being treated and from which injuries he died. At the time he shared the room with another patient, whose identity plaintiff does not have, and swears she cannot obtain, except by questioning defendants. She needs that other patient as a witness to prove her case, she contends, and her examination is confined to one question: What is the name and address of that patient?

No case in point is cited by either side. While section 288 of the Civil…