Reynolds v. Boston & Maine Transportation Company

The defendant takes the position that, although the provisions of R. L., c. 392, s. 23, do not directly govern this case, this section sets up a policy which should be applied to it. Consequently it maintains that the Court’s denial of plaintiff’s motion should be sustained as a matter of law or at least as a proper exercise of the Court’s discretion.

The plaintiff contends that section 23 is not applicable to discovery and that the modern concept of discovery and justice require that the information sought be made available in order that the trial be rendered fair.

R. L., c. 392, s. 23, reads…