Bagley v. Bagley

There are no special circumstances to warrant the examination of the defendant James A. Bagley by the defendant Chevrolet Motor Company. There is no affirmative defense set up by the Chevrolet Motor Company. It is charged with having made and sold a defective automobile, which, it is claimed, was the cause of the injuries received by the plaintiff. It is not a general practice to permit a defendant to examine a codefendant before trial, merely to aid a defense. Where such an examination is desired, there must be either an affirmative defense, which the defendant seeks to secure facts with…