West v. Coney Island & Brooklyn Railroad

Defendant makes this application to vacate a notice of examination of its motorman. The main objection urged which need be considered here is that the witness thus sought to be examined is not of managerial dignity, but merely an ordinary employee whose examination can be sustained only on proof of special circumstances requiring the same. The chief object of the examination is to prove the defective condition of the brakes and appliances. The person to be examined is the motorman who operated the car and who, for all practical purposes, may be regarded as the agent of the corporation most…