Barnet v. New York Central & Hudson River Railroad

This is a motion by the defendant to vacate an order, heretofore granted by Mr. Justice Chester to the plaintiffs, permitting the latter to examine before trial two of the defendant’s employees. *199namely, two of its yardmasters stationed at Troy, N. Y.

It is claimed by tbe plaintiffs that material facts, necessary to the prosecution of the plaintiffs’ case, may be proved by these two witnesses to conform to the requirements of the plaintiffs’ case if they are to avoid a nonsuit, as indicated by the Court of Appeals in a previous trial hereof. Barnet v. New York Central & H. R. R. R. Co., 222 N.…