Hackett v. Reed

In an action to recover damages for injuries suffered by the infant plaintiff as the result of an assault and battery alleged to have been committed by the defendant, and for necessary medical expenses incurred by her mother for the benefit of the infant, the plaintiffs have moved to examine the defendant before trial.

This motion is opposed principally upon the ground that in actions of this character, it has been the policy of the courts not to permit examinations before trial, without special and unusual circumstances, which are not present here. Such, indeed, was the rule in the past. (See…