Opinion
May 17, 1943.
Action to recover damages for personal injuries sustained by plaintiff while a passenger on a train operated by appellant. Order entered February 5, 1943, granting plaintiff's motion for an examination before trial of the appellant, modified on the law and the facts by providing that such examination shall take place in Los Angeles, California, by written interrogatories or by open commission, whichever may be selected by the plaintiff, and if plaintiff selects examination by open commission, the parties are to bear their own expenses. As so modified, the order is affirmed, without costs. No opinion. Appeal from the order entered March 16, 1943, dismissed, without costs. Settle order on notice within ten days from the date of this decision. Close, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.