Teribery v. Norfolk & Western Railway Co.

MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF STATEMENTS OF TRAIN CREW

KNOX, District Judge.

In this action involving a grade crossing collision between the automobile in which the plaintiff’s decedent was riding and defendant’s train, the plaintiff has moved pursuant to Rule 37 of the Federal Rules of Civil Procedure to compel the production of certain documents including:

“a true and correct copy of the statements taken from the train crew involved in the accident of April 10, 1974, by employees working in behalf of the railroad on April 10, 1974, and referred to by…