Tomaka v. Pennsylvania Railroad

Plaintiffs have moved for an order directing the issuance of letters rogatory to the appropriate court of the U. S. S. R., to take the testimony of Mary Tomaka and Lydia Tomaka in the U. S. S. R., as to their relationship to the deceased.

It appears that the testimony sought is material and necessary to the establishment of plaintiffs’ cause of action for damages for defendant’s negligence, resulting in the decedent’s death, and no reasonable basis appears for denying plaintiffs’ application on the ground of laches.

It further appears that the area in which the parties sought to be examined…