Swift v. General Baking Co.

This is an application to examine the defendants as to the circumstances of the accident in which the plaintiff was injured. It is claimed that she is not entitled to a general examination and that the man who was driving the car for the defendant corporation is not a “ managing ” employee and so not subject to examination, except upon the conditions attaching to a witness. (Civ. Prac. Act, § 289.)

When the civil procedure was last being generally revised, there was an active discussion as to the simplification of the practice relating to examinations before trial. Some members of the bar…