Wallace v. Syracuse, B. & N. Y. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Alvin D. Wallace against the Syracuse, Binghamton & New York Railroad Company. From an order allowing plaintiff to examine officer’s of defendant before trial, the latter appealed.
1Opinion of the CourtLanbon, J.
The action is to recover upon account of injuries which the plaintiff alleges he received while a passenger upon defendant’s cars. The pleadings present the issue whether the plaintiff was a passenger upon defendant’s train of cars, at the time of his alleged injuries. The Delaware, Lackawanna & Western Railroad Company also runs its trains over the defendant’s tracks, and the plaintiff’s affidavits show that he needs the testimony of the officers of the defendant to prove that the train he was upon was the defendant’s. Thus, the examination sought is practically that of the corporation…
2Cases cited1 opinion
- Davies v. Lincoln National BankNew York Supreme Court · 1888