Tripp v. Knox

The defendant Knox moves for an order pursuant to section 324 of the Civil Practice Act and rules 140 and 141 of the Rules of Civil Practice to require the plaintiff to produce for discovery and inspection the records of a Canadian hospital pertaining to her care and treatment for injuries sustained in a motor vehicle accident, to recover damages for which she has instituted this action. The plaintiff resists the application principally on the ground that such records are privileged.

*772It would hardly be consonant with our present judicial concepts to contemplate that the remedy of discovery and…