Opinion
September 30, 1955.
Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Van Duser, JJ.
Order insofar as appealed from modified on the facts and as a matter of discretion by striking therefrom the second ordering paragraph and as modified affirmed, without costs of this appeal to any party. Memorandum: Under the circumstances shown, we think it was error to limit the examination as to prior accidents. All concur. (Appeal from part of an order of Seneca Special Term adjudging that the examination of defendant as to prior accidents at the scene of the accident should be limited to those accidents occurring within one year prior to the death of plaintiff's intestate.)