Bennett v. New York Cent. R.

BURKE, District Judge.

Plaintiff’s motion, although not so indicated in the motion papers, is made under Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The rule reads “Upon motion of any party showing good cause therefor * * * the court * * * may order * * * ”. The action is brought *18by the plaintiff as administratrix against the defendant Railroad to recover damages arising from the decedent’s death claimed to have been caused by the fault of the Railroad. The material sought by the plaintiff falls into two classes: (1) “the investigation of the defendant pertaining to the facts…