Enequist v. Brooklyn City Railroad

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion to vacate notice of examination denied. The subjects upon which the examination is sought, as set forth in subdivisions “ 2,” “ 3 ” and “ 4 ” of the notice of examination, in our opinion, are material and necessary for the proper prosecution of plaintiff’s action, and should, therefore, be allowed. Subdivision “ 1 ” of the notice of examination, having reference to matters of proof the burden of which is upon defendant, in a case of this kind, should be stricken out. The motorman *731and conductor of the…