Akhurst v. National Starch Co.
New York Supreme Court
Motion made by the defendant to vacate an order for the examination before a referee of a witness, as such, to enable the plaintiff to frame his complaint. The action is for personal injuries, claimed to have been sustained by the plaintiff while in the employment of the defendant by reason of its negligence.
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Motion made by the defendant to vacate an order for the examination before a referee of a witness, as such, to enable the plaintiff to frame his complaint. The action is for personal injuries, claimed to have been sustained by the plaintiff while in the employment of the defendant by reason of its negligence. The defendant is a foreign corporation and operates a plant for the manufacture of starch in the city of Oswego, R. Y. Starch is made from corn and in the process the corn is soaked and ground and the ground corn is then dried in kilns. The drying process requires heat of a high…
1Opinion of the CourtDe Angelis, J.
Three questions arise: (1) whether or not after action brought the plaintiff may take the deposition of a witness as such to enable him to frame his complaint; (2) whether or not, assuming the first question might be answered favorably to the plaintiff, such a deposition should be required, except in a case of absolute necessity; and (3) whether or not the plaintiff has shown an absolute necessity for the information sought by the order here assailed.
Throughout the consideration of the questions involved, it must be borne in mind that the action is one at law, having no element of equitable…
2Cases cited13 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Glenney v. . StedwellNew York Court of Appeals · 1876
- Town of Hancock v. . First National BankNew York Court of Appeals · 1883
- People v. . Mutual Gas Light CompanyNew York Court of Appeals · 1878
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
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3Cited by3 opinions
- Terry v. Ross Heater & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Pierce v. MorrisAppellate Division of the Supreme Court of the State of New York · 1920
- Bramer v. First National BankAppellate Division of the Supreme Court of the State of New York · 1919