Mayer v. New York Canners, Inc.

This action was brought to recover damages caused by the servants of the defendant in negligently causing an explosion in a building owned by the plaintiff and rented to the defendant. It is alleged .that Brooks, at the time a servant, and Shafer, the superintendent, Were engaged in Work requiring the use of an open light, and that while Brooks was passing a gasoline tank with an open light there was an explosion.

Notice was served for an examination of Brooks, the superintendent, Shafer, and Prophet, the latter being an executive officer of the defendant. It is alleged in the moving papers…