Smith v. Ninth Avenue Railroad

Plaintiff moves for a commission on written interrogatories to examine a resident of Arlington, State of Massachusetts, as a witness on his behalf, and for a stay of the trial until, the return of the commission. The witness is a practicing physician in the town of Arlington, but at the time plaintiff was injured in 1924 he resided and had his office in the city of New York. Defendant states “ that while the defendant does not oppose the taking of the deposition of the witness as sought by the plaintiff upon the present motion, it does respectfully insist that the interests of the defendant…