Thomas v. Morris

The question here certified to us by. the Appellate Division is as to whether certain records kept by the Suffolk County Commissioner of Health in the course of his official duties can be made available to plaintiff through a subpoena duces tecum. The action is for damages for the death of plaintiff’s intestate from typhoid fever. The complaint alleges that the fatal bacillus was trans mitted to the decedent by reason of the negligent conduct of defendant, who, it is charged, prepared and handled food served to decedent, a guest at defendant’s hotel, notwithstanding that defendant was, to her…