Vibbard v. Kinser Construction Co.

Kellogg, H. T., J.

This is a motion by the defendant to vacate an order directing the examination of one Harry R. Vibbard and to suppress the deposition taken pursuant thereto.

*225On August 1, 1908, Harry Vibbard was seriously and, as the event proved, fatally injured, while operating a crane for the defendant, by the overturning of such crane. On August 27, 1908, an action was brought by Harry Vibbard against this defendant for damages on account of such injuries. Thereafter, and while Harry Vibbard was still living, his wife, Dora Vibbard, presented an application to a judge of this court for…