Ewer v. Dietrich

This case relates to discovery. Defendant Simeon R. Dietrich has appealed in the nature of mandamus (upon leave granted) from an order of the circuit court requiring him to answer certain specific inquiries.

The question comes up in this way:

On July 17,1952, plaintiffs Ray Ewer, individually and as assignee of John Garman, and Newark Fire Insurance Company, as subrogee of Ray Ewer, filed a declaration in 3 counts alleging (1) a breach of implied warranty; (2) negligence resulting in injury to plaintiff and (3) negligence resulting in injury to plaintiff’s assignee, John Garman, all arising out…