Diamond v. City of New York

Plaintiff alleges in his complaint- that on the 5th day of April, 1941, an automobile owned by defendant The City of New York and operated by appellant Horn, a policeman, struck him as he was crossing a highway intersection. The defendant and the appellant have answered separately. Plaintiff, in support of his motion for examination of appellant Horn, avers that the *343testimony of said appellant is necessary to show negligence, in that he was struck down without warning and is completely ignorant of the maimer in which the automobile was being operated.

The defendant and the appellant are…