Tishkevich v. Connecticut Light & Power Co.

Connecticut Superior Court

Tishkevich v. Connecticut Light & Power Co.

9 Conn. Supp. 6, 1940 Conn. Super. LEXIS 185

CourtConnecticut Superior Court

DecidedDecember 9, 1940

DocketFile No. 59749

StatusPublished

This text of 9 Conn. Supp. 6 (Tishkevich v. Connecticut Light & Power Co.) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tishkevich v. Connecticut Light & Power Co., 9 Conn. Supp. 6, 1940 Conn. Super. LEXIS 185 (Colo. Ct. App. 1940).

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Opinion

MUNGER, J.

The purpose of a motion of this kind is to enable the party to intelligently plead and prepare his case for trial. It seeks to put him in possession of sufficient infor' mation to properly try his case. It is never appropriate where the information sought to be obtained is purely evidential.

It is apparent from an inspection of the motion that all of the information called for is evidential in character. The language of the rule which allows the motion to be made is this: “Where the pleadings do not fully disclose the ground of claim or defense.” (Practice Book [1934] §62.) Our court has said that the power to grant a motion of this kind is largely discretionary to be exercised with caution and never for unsubstantial reasons. Prince vs. Takash, 75 Conn. 616, 619.

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MUNGER, J.

The purpose of a motion of this kind is to enable the party to intelligently plead and prepare his case for trial. It seeks to put him in possession of sufficient infor' mation to properly try his case. It is never appropriate where the information sought to be obtained is purely evidential.

It is apparent from an inspection of the motion that all of the information called for is evidential in character. The language of the rule which allows the motion to be made is this: “Where the pleadings do not fully disclose the ground of claim or defense.” (Practice Book [1934] §62.) Our court has said that the power to grant a motion of this kind is largely discretionary to be exercised with caution and never for unsubstantial reasons. Prince vs. Takash, 75 Conn. 616, 619.

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Bluebook (online)

9 Conn. Supp. 6, 1940 Conn. Super. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tishkevich-v-connecticut-light-power-co-connsuperct-1940.

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