Murrain v. Wilson Line, Inc.

I concur in so much of the opinion of the court as reverses the order granting an examination before trial of the appellant without prejudice to a renewal of the motion.

I dissent from so much of the opinion as reverses the order directing the city of New York to serve “ a bill of particulars of the defense of contributory negligence * * * unless the defendant intends to rely upon proof adduced as part of plaintiffs’ case ” upon the ground, as stated in the opinion, that “ there are no allegations that plaintiffs are without knowledge of the facts surrounding the accident, or that the…