Opinion
October 3, 1949.
In a negligence action, the plaintiff, a stevedore, is alleged to have been injured when a portion of the deck of a barge gave way as he was crossing it. Order directing examination before trial modified on the law and the facts by striking out the direction for the examination of the master of the barge and, as so modified, affirmed, without costs, the examination to proceed on five days' notice. Concededly the master is no longer in the employ of the defendants-appellants. Order denying appellants' cross motion to dismiss the complaint and for summary judgment affirmed, with $10 costs and disbursements to plaintiff-respondent. No opinion. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.