Swallow v. Harrisburg Rys. Co.

M.D. Pennsylvania

Swallow v. Harrisburg Rys. Co.

99 F. Supp. 305, 1951 U.S. Dist. LEXIS 4088

CourtDistrict Court, M.D. Pennsylvania

DecidedMay 10, 1951

DocketNo. 3549

StatusPublished

This text of 99 F. Supp. 305 (Swallow v. Harrisburg Rys. Co.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Swallow v. Harrisburg Rys. Co., 99 F. Supp. 305, 1951 U.S. Dist. LEXIS 4088 (M.D. Pa. 1951).

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Opinion

WATSON, Chief Judge.

This is an action by James G. Swallow, Plaintiff, to recover damages resulting from an automobile accident alleged to have been caused by the negligence of the Harrisburg Railways Company, Defendant. Plaintiff has filed a motion under Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C., for the production of all photographs, exhibits, sketches, plans and documents which Defendant proposes to use at the trial.

Plaintiff’s request is entirely too broad. Plaintiff, however, is entitled to inspect the [306]*306photographs in possession of the Defendant which were taken at the scene of the accident, as this will obviously aid the Plaintiff in properly preparing his case and will facilitate proof or progress at the trial. Plaintiff’s motion will be granted in this limited form.

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WATSON, Chief Judge.

This is an action by James G. Swallow, Plaintiff, to recover damages resulting from an automobile accident alleged to have been caused by the negligence of the Harrisburg Railways Company, Defendant. Plaintiff has filed a motion under Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C., for the production of all photographs, exhibits, sketches, plans and documents which Defendant proposes to use at the trial.

Plaintiff’s request is entirely too broad. Plaintiff, however, is entitled to inspect the [306]*306photographs in possession of the Defendant which were taken at the scene of the accident, as this will obviously aid the Plaintiff in properly preparing his case and will facilitate proof or progress at the trial. Plaintiff’s motion will be granted in this limited form.

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Bluebook (online)

99 F. Supp. 305, 1951 U.S. Dist. LEXIS 4088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swallow-v-harrisburg-rys-co-pamd-1951.