Kalamazoo Yellow Cab Co. v. Kalamazoo Circuit Judge

Defendant, circuit judge Lucien P. Sweet, entered a pretrial discovery order under section 6 of Court Rule No 35 (1945) in a negligence case in which plaintiff here, Kalamazoo Yellow Cab Company, is the defendant. The order compelled discovery of a written accident report made to the taxicab company by its employee. The employee, a cab driver, was not a party in the negligence case. In the proceedings before Judge Sweet, the cab company based its objection to discovery of the report on the ground that it was not admissible in evidence at the trial because it was hearsay and not within the res…