Shattuck v. Pennsylvania R.

KNIGHT, District Judge.

The action is in negligence. Issue was joined on December 29, 1930. Thereafter, application was made by the defendant to take the testimony of Flank J. Spear at Tampa, Ela. Taking of such testimony was adjourned from time to time by consent of the parties until April 22, 1931. On April 20, 1931, -on application of the plaintiffs, an order was granted by this court returnable May 4, 1931, directing defendants to show cause why an order of discontinuance of the action should not be granted, and staying the proceedings to take the testimony of said Frank J. Spear until a…