Strom v. American District Steam Co.

This is an employee’s action brought to recover damages for personal injuries alleged to have been sustained by defendant’s negligence.

Plaintiff moves to modify an order for his examination before trial as to the circumstances of the accident and his previous training and experience in the kind of work he was doing when injured, as well as to the character and extent of his injuries, by limiting the scope of the examination to the latter inquiry only.

Justice Ingraham, writing in Goldmark v. United States Electro-Galvanizing Co., 111 App. Div. 526, at page 529, says: ‘ ‘ Where an issue of fact…