Ortner v. New York City Railway Co.

Motion is made for preference on the ground that injustice would be done plaintiff by reason of his declining health unless a preference were granted. The application is addressed to the discretion of the court and some fact should be presented to the court other than that the case is one which might be preferred. Carroll v. Pennsylvania Steel Co., 96 App. Div. 165. In this case the plaintiff is about sixty years of age and the affidavit of his physician states that he is “ of the belief, and it is his convinced and sincere opinion, that the plaintiff cannot prolong his life for more than…