Macrina v. Smith

VAN DUSEN, District Judge.

I. Opinion

This case arises on a motion (filed July 27, 1955) under Fed.Rules Civ.Proc. rule 37, 28 U.S.C.A., for an order to compel the defendant to answer 17 questions which he refused to answer when his deposition was taken by plaintiffs, who are husband and wife, on July 21, 1954. The complaint alleges that on or about June 9, 1952, the defendant operated on the female plaintiff at the Osteopathic Hospital in Philadelphia and, as a result of negligence in the operation, she suffered severe, painful and permanent injuries which are described specifically in…