Dessert v. Graham

Decided March 2, 1885

The Superior Court of New York City · decided 1885-03-02

This action was brought to recover damages for an injury alleged to have been sustained through the negligence of the defendants. The complaint alleged that defendants carelessly . . caused and permitted a rope attached to a derrick at certain buildings, to be left hanging across the southerly sidewalk of a certain street, at such an elevation as to be a nuisance and dangerous to the life and limbs of passers-by. These allegations were denied by the answer.

Decided 1885-03-02

¶1By the Court.

O’Gorman, J.

¶2The plaintiff’s moving papers sufficiently showed that the information he sought was material and necessary, and that he intended to use the testimony so obtained at the trial, and that he could not safely proceed to trial without it. If, in the course of the examination of defendants, any questions be put to them, as to which they may be by law entitled to refuse to answer, their right so to refuse is in no way impaired, and 'will be protected by the court.

¶3The order appealed from is affirmed, with $10 costs.

¶4Sedgwick, Ch. J., and Truax, J., concurred.