Loewenstein v. Boston, New York & Southern Steamship Co.

Appellate Division of the Supreme Court of New York

Loewenstein v. Boston, New York & Southern Steamship Co.

253 A.D. 743, 300 N.Y.S. 972, 1937 N.Y. App. Div. LEXIS 5424

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1937·Published

Opinion

In an action to recover damages for personal injuries sustained by respondent while he was a passenger on appellant’s steamship, as the result of an assault committed upon him by other passengers, who were intoxicated, order for an examination of defendant before trial modified so as to provide that clause d of the first ordering paragraph shall read as follows: “ That defendant failed and omitted to provide safeguards and to take measures to protect passengers from injury by other passengers; ” and (2) by striking therefrom the second ordering paragraph, which directs defendant to produce records of disorders and assaults, if any, for one year prior to July 24, 1937, for the purpose of refreshing the recollection of the witness being examined; and as thus modified affirmed, without costs, the examination to proceed on five days’ notice. In our opinion the order as thus modified will be in accordance with the law relating to such examinations. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

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In an action to recover damages for personal injuries sustained by respondent while he was a passenger on appellant’s steamship, as the result of an assault committed upon him by other passengers, who were intoxicated, order for an examination of defendant before trial modified so as to provide that clause d of the first ordering paragraph shall read as follows: “ That defendant failed and omitted to provide safeguards and to take measures to protect passengers from injury by other passengers; ” and (2) by striking therefrom the second ordering paragraph, which directs defendant to produce records of disorders and assaults, if any, for one year prior to July 24, 1937, for the purpose of refreshing the recollection of the witness being examined; and as thus modified affirmed, without costs, the examination to proceed on five days’ notice. In our opinion the order as thus modified will be in accordance with the law relating to such examinations. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

Loewenstein v. Boston, New York & Southern Steamship Co., 253 A.D. 743, 300 N.Y.S. 972, 1937 N.Y. App. Div. LEXIS 5424 (N.Y. Ct. App. 1937).

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253 A.D. 743 (Loewenstein v. Boston, New York & Southern Steamship Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.