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WANDA O'CALLAGHAN, Respondent, v. THEODORE R. BRAWLEY, Appellant.

In an action to recover damages for personal injuries, order granting plaintiff's motion for a preference in trial reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. There is no persuasive showing of destitution, or probability of death before trial in the regular order; and the granting of the motion was an improvident exercise of discretion. Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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O'CALLAGHAN v. BRAWLEY
(Jan 9, 1950)