92 Wis. 529 | Wis. | 1896
The statute (sec. 4096, S. & B. Ann. Stats.) secured, as therein provided, to the plaintiff, the right to make the proposed examination as to any matter relevant to the controversy indicated in her affidavit, and she was entitled to have it any time after the commencement of the action and before judgment. The affidavit required by the statute for the examination before issue joined is to limit the scope of the inquiry to facts relevant to the points stated in it, and to enable the court or judge, in his discretion, to still further limit the subjects to which the examination shall extend. Here the court absolutely and unconditionally denied the proposed examination, upon the ground, as we understand, that it was not necessary to enable the plaintiff to frame her complaint, and that with the knowledge of the matters stated in the affidavit her attorney might frame one that would suffice, though general in its terms.
The statute is a remedial and highly beneficial one, and has very properly been liberally construed. Kelly v. C. & N. W. R. Co. 60 Wis. 480; Cleveland v. Burnham, 60 Wis. 21; Nichols v. McGeoch, 78 Wis. 360; Whereatt v. Ellis, 65 Wis. 643; Frawley v. Cosgrove, 83 Wis. 443. If the plaintiff
It appears that the deceased was an employee of the defendant company, working under its superintendent, JVoble. He was entitled to be furnished with a suitable and safe place in which to work. He lost his life in such service, and under circumstances not presumptively within the plaintiff’s knowledge, and in respect to which it appears she is actually ignorant. It is eminently just that she should be allowed the means of ascertaining whether any breach of duty or negligence On the part of the defendants, or either of them, was
By the Court.— The order of the circuit court is reversed, and the cause is remanded for .further proceedings according to law.