Crowe v. Chesapeake & Ohio Railway Co.

McCREE, District Judge.

This matter is before the court on motion by plaintiff for production of documents under Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The action arises from a collision between an automobile in which plaintiff was a passenger and a train operated by defendant railroad. In response to interrogatories, defendant’s attorney indicated that written statements had been taken from five named members of the train crew. Plaintiff seeks to have these statements produced.

An affidavit by plaintiff’s counsel states that his client is unable to recall the *149-facts and…