Swiderski v. Moodenbaugh

JAMES ALGER FEE, District Judge.

The instant action is for damages for injuries alleged to have been sustained by plaintiff in a collision of the car in which he was driving with that driven by defendant. Defendant was in the military service at the time of the accident. He was out of service in the fall of 1941 and the action was commenced on November 12th of that year.

Defendant has now been recalled to the •service and is at Camp Ord, California. He was present during the pre-trial conferences and his deposition has been taken as an adverse witness. He has now moved for a postponement of…