Deak v. Perth Amboy Gas Light Co.

The opinion of the court was delivered by

Bergen, J..This action was brought by the plaintiff as administrator ad prosequendum of Stephen Deak, Anna Deak and Annastasia, deceased, who were killed by an accident alleged to have resulted from the negligence of the defendant. The defendant, desiring to examine the plaintiff before trial, served him with a subpoena as provided by the act (Pamph. L. 1914, p. 151), commanding him to appear before a Supreme Court examiner, which the plaintiff obeyed and was sworn, but, under the advice of’counsel, refused to answer most of the questions.

The statute…