U.S. Circuit Court for the District of Eastern New York May 3, 1911 (Cheatham Electric Switching Device Co. v. Transit Development Co.)

CHATEIELD, District Judge.

The plaintiff has made a motion to examine certain devices which it alleges are in the control of the defendants, evidence as to which it wishes to introduce in an action at law for alleged infringement of patents.

Under section 803 of the Code of Civil Procedure of New York (which the plaintiff urges is made applicable by section 914 of the Revised Statutes [U. S. Comp.