Opinion
April 8, 1952.
Present — Peck, P.J., Glennon, Dore, Van Voorhis and Shientag, JJ.
Order appealed from unanimously modified so as to direct appellant to produce for discovery and inspection only such records and documents of connecting carriers as are in appellant's possession or under its control, as well as those of appellant itself, limited, however, to such as were kept in the regular course of business of said railroads. Reports concerning the loss made to the Interstate Commerce Commission, and other reports made in preparation for trial, need not be produced. Testimony should be confined to that of employees of appellant, without prejudice to respondent's right to make application to take the depositions of employees of the connecting carriers as witnesses; otherwise the order is unanimously affirmed, with $20 costs and printing disbursements to appellant to abide the event of the trial. Settle order on notice.