Frankson v. Carter & Weeks Stevedoring Co.

BYERS, District Judge.

Plaintiff seeks discovery under Federal Rules of Civil Procedure, rule 34, 28 U.S. C.A., in a personal injury suit in which he alleges that he fell through a hatch (’tween deck No. 3) on the S. S. Telemachus by stepping on a tarpaulin which covered a portion of it, the hatch boards having been removed. The accident happened on July 19, 1945, at about 11:45 A.M. and while the plaintiff, who was a member of the crew of the ship, was working near the hatch with others, stowing ship’s stores. The ship was at her dock at the time, and the stevedores, who had been at work…