Wood v. American Locomotive Co.

— Defendant has appealed from an order of the Special Term of the Supreme Court directing an examination before trial of certain employees of defendant pursuant to the provisions of sections 288 and 289 of the Civil Practice Act. A former order granting the same relief was reversed by this court principally on the grounds that it was too comprehensive (246 App. Div. 376). The action is predicated on negligence and the complaint charges, among other things, that while plaintiff was in defendant’s employ he inhaled dust and other foreign substances as a result of which he contracted diseases of…