Marks v. Nager

The defendant Nager has moved this court to set aside and vacate a notice of examination before trial in this action to recover damages for personal injuries sustained by *745plaintiff Marks while riding as a passenger in the defendant Nager’s car. The motion is made on the ground that since the plaintiff Marks and the defendant Nager are first cousins an examination before trial will be most inequitable and unjust because of the close relationship. The defense in this action is being carried on by counsel furnished by the defendant Nager’s insurance carrier. The affidavit in support of the…