Vial v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by tlic defendants, Henry H. Jackson and others, as executors and trustees under the last will and testament of Peter A. H. Jackson, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of April, 1902, denying the defendants’ motion to vacate an order for the examination of the defendant Adrian H. Jackson before trial.
1Opinion of the Court
Laughlin, J.:
The action is brought to recover damages for personal injuries alleged to have been sustained by the plaintiff, owing to an insecure covering of a coal hole in the sidewalk adjacent to premises alleged to have been in the possession and under the control of the defendants as executors and trustees. The defendants in their answer deny that they were in possession and control of the premises. The object of the examination is “ to enable the plaintiff to prepare for trial.” The examination is sought on the subject of the defendants’ possession and control over the premises,…
2Cases cited1 opinion
- Leary v. RiceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Watt v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1906
- Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903