Kiernan v. State

Motion for an examination before trial of the State of New York is granted as to items A to I, inclusive. Item J, pertaining to the rules and regulations of the State institution promulgated to provide safeguards and prevent escapes of inmates, is allowed upon the authority of Wood v. American Locomotive Co. (250 App. Div. 816 [3d Dept., 1937]), Slattery v. Parsons (17 N. Y. S. 2d 6) and Perrone v. Pennsylvania R. R. Co. (136 F. 2d 941). The rules and regulations, if any, may establish a standard of reasonable care, the violation of which could be found to amount to negligence. As to the rest…