Reed v. Huckel

Full title: HAROLD REED, Respondent, v. DONALD HUCKEL, Appellant

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 14, 1943

265 App. Div. 1029 (N.Y. App. Div. 1943)

Opinion

January 14, 1943.

Appeal from St. Lawrence County.

Order affirmed with ten dollars costs and disbursements upon condition that plaintiff and his attorney consent that the testimony of Dr. McNulty of Potsdam, N.Y., and the other witnesses residing in St. Lawrence county, be presented by deposition if the defendant so elects.

Hill, P.J., Bliss, Heffernan and Schenck, JJ., concur; Crapser, J., dissents.

I dissent on the ground that the accident happened in St. Lawrence county; all but expert witnesses reside in St. Lawrence county and it would require them to travel more than 200 miles to get to Saratoga county. St. Lawrence county is the proper county.