Golin v. Town of Mooers
New York Supreme Court
Appeal from order of special term, denying motion to set aside an order for plaintiff’s examination before trial. Action to recover damages sustained by plaintiff while lawfully driving with a valuable threshing machine over a bridge which defendant had knowingly allowed, for a long time, to remain out of repair and unfit for use.
1Opinion of the CourtLearned, P. J.
This cause is not in issue, no answer having been served. The defendant desires to examine the plaintiff as to the facts and circumstances relating to the accident; the location of the bridge ; the part that was defective ; the parts of the machine which were broken ; the names of the persons with whom plaintiff had contracts; the names of the persons present at the accident.
It is plain that such an examination is not needed to enable defendant to answer. A general denial would put these *190matters in issue. If the defendant needs something in the nature of a bill of particulars this is not the…
Also in this document: Concurrence.
2Cases cited13 opinions
- Probst v. . DelamaterNew York Court of Appeals · 1885
- Swift v. . Pacific Mail Steamship Co.New York Court of Appeals · 1887
- Carter v. GoodNew York Supreme Court · 1890
- Simmons v. HazardNew York Supreme Court · 1890
- Beach ex rel. Beach v. Mayor of New YorkNew York Supreme Court · 1878
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