Ryan v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from an order made by the county judge of Columbia county and entered in the office of the clerk of said county on the 9th day of July, 1907, denying the defendant’s motion to vacate a prior order granted by said county judge for the examination of the defendant corporation, through its secretary, before trial.
1Opinion of the Court
Kellogg, J.:
The order requires the defendant’s secretary to appear before the 'referee for examination, and that at the same time “ The defendant corporation produce all books and papers which relate to or have any mention of the carelessness and negligence of - C. Birch as engineer in the employ of the defendant company in October, 1891, and in the summer of 1898, and of any and all other acts of negligence and carelessness of the said C. Birch previous to and including the third day of August, 1903,” and is based upon allegations that one Birch, an engineer of the defendant, negligently ran…
2Cases cited2 opinions
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1904