Murphy v. New York Central Railroad

The plaintiff seeks an order of the court in Special Term requiring George H. Miller, road foreman of engines of the defendant railroad to answer a question asked by plaintiff’s attorney on an examination before trial. It was objected to by defendant railroad’s attorney, who also opposes the motion for the order.

The action is one to recover damages for injury and death caused by alleged acts of negligence on the part of the defendant railroad and another.

Plaintiff’s complaint alleges, among other things, that on September 29, 1956, plaintiff’s intestate was lawfully working on a train of the…