Bruhl v. Nedwell
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, made at Special Term, Bronx county, and entered on the 28th day of July, 1914, denying a motion to vacate an order for the examination of the plaintiff before trial.
1Opinion of the Court
Clarke, J.:
This is an action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The defendant obtained an order for the general examination of plaintiff before trial. That is, it was sought to obtain the plaintiff’s evidence necessary to sustain her cause of action and to cross-examine her thereon out of court and before trial. There is no suggestion that such testimony is needed by defendant to support any affirmative claim or defense. Such examinations in negligence cases have consistently been refused by this court in this department.…
2Cases cited2 opinions
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Caldwell v. GlazierAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Middleton v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1924