Linton v. Lehigh Valley Railroad

This is an appeal and cross appeal from an order of the Supreme Court at .Special Term, Cortland County, which granted in part and denied in part the defendant’s motion for a protective order from plaintiff’s notice of discovery and inspection, pursuant to CPLR 3103 and C-PLR 3122.

Plaintiff seeks recovery against the defendant for personal injuries allegedly sustained by him when a tractor he was operating came in contact with defendant’s train at a g'rade crossing. Special Term properly directed defendant to -produce the reports made by members of the train crow immediately following the…