Gardner v. Frederick

The defendant has moved to vacate a notice of examination before trial under which the plaintiff seeks to examine the defendant as an adverse party.

The action is brought to recover damages for the wrongful death of an infant of the age of eleven years which, it has been alleged, occurred as a result of the negligence of the defendant. The complaint alleges that the defendant assumed the care and custody of a number of young boys, of whom the decedent was one, and that, on account of the failure to supervise properly the conduct of the boys while they were riding on a truck owned and operated…