Siede v. Newkirk

Scott, J.

(dissenting):

I dissent. I do not think that it is entirely clear that everything defendant can elicit by an examination of plaintiff are matters which plaintiff must prove as part of his case. In any event, if plaintiff has just cause for complaint, no injustice will be done by his examination.

Ingraham, P. J., concurred.

Order reversed, with ten dollars costs and disbursements, ■ and motion granted, with ten dollars costs.