Legal Opinion
Davidson v. Newman
New York Supreme Court
Decided May 9, 1932PublishedCited by 1 opinion
1Opinion of the CourtJohnston, J.
Plaintiff, a pedestrian, seeks to examine the defendant Cobb, the operator of an automobile, as to the circumstances of the accident in which he was injured. There is a conflict of opinion in the First, Second and Third Departments on the subject of examination of a party before trial in a negligence action. The First Department, while recognizing the power to grant general examinations in tort actions, held that it should not ordinarily be exercised. (Griffin v. Cunard Steamship Co., Ltd., 159 App. Div. 453; Bruhl v. Nedwell, 164 id. 932; Shaw v. Samley Realty Co., 201 *96id. 433.) The Third…
2Cases cited5 opinions
- Griffin v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Middleton v. BoardmanNew York Court of Appeals · 1925
- Middleton v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1924
- Swift v. General Baking Co.New York Supreme Court · 1927
- Miller v. New York Rapid Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1926
3Cited by1 opinion
- Weiner v. J. I. Hass, Inc.New York Supreme Court · 1936