TOMAKA v. PENNSYLVANIA R. R. CO.


13 Misc.2d 272 (1958)

John Tomaka et al., as Administrators of The Estate of Joseph H. Tomaka, Deceased, Plaintiffs, v. Pennsylvania Railroad Co., Defendant.

Supreme Court, Erie County.

July 23, 1958.


Attorney(s) appearing for the Case

John J. Olszewski for plaintiffs.

Daniel T. Roach for defendant.


JOHN S. MARSH, J.

Plaintiffs have moved for an order directing the issuance of letters rogatory to the appropriate court of the U. S. S. R., to take the testimony of Mary Tomaka and Lydia Tomaka in the U. S. S. R., as to their relationship to the deceased.

It appears that the testimony sought is material and necessary to the establishment of plaintiffs' cause of action for damages for defendant's negligence...

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