Boynton v. R. J. Reynolds Tobacco Co.

McLELLAN, District Judge.

This motion involves the power of the court to direct an expert to express a relevant opinion already formed and the propriety of the exercise of such power under the circumstances' hereafter stated.

This is an action under the Massachusetts statute to recover damages for the death of the plaintiff’s intestate in consequence of a motor vehicle accident. Before the instant motion was filed, the defendant had given notice under Federal Rules of Civil Procedure, Rule 30, 28 U.S.C.A. following section 723c, that a deposition would he taken of Dr. Louis Feldman, a physician…