Opinion
November, 1907.
Present — Patterson, P.J., Ingraham, McLaughlin, Houghton and Scott, JJ.
The order appealed from must be reversed in so far as appealed from by plaintiffs, and the 7th, 8th and 9th interrogatories to be addressed to Sir Neville Lubbock, William N. Whymper and E.H. Britton allowed and settled as originally proposed by plaintiffs. The order must be affirmed in so far as appealed from by defendant, and the 3d 4th, 5th, 6th, 11th, 12th, 13th, 14th, 15th and 16th interrogatories proposed to be propounded to the above-named witnesses, and the 4th interrogatory to be addressed to the witness H.O. Guernsey, allowed and settled, with ten dollars costs and disbursements to the plaintiffs, appellants.
On plaintiffs' appeal, order reversed and order entered as stated in opinion; on defendant's appeal, order affirmed, and order entered as stated in opinion, with ten dollars costs and disbursements to plaintiffs. Settle order on notice.