Heffron

Appellants sued to recover damages for the death of their 12-year-old son who was killed when; in some unexplained manner, he came into contact with a bus owned and operated by respondent Los Angeles Transit Lines. The trial court made findings of fact which included a finding that the operator of the bus was not negligent at the time and place of the accident, i.e., “. . . that at the said time and place the said bus . . . was operated in a careful and prudent manner ...”

Appellants concede the sufficiency of the evidence to support the quoted finding, but on their appeal from the judgment they contend that the trial court erred (1) in sustaining respondent’s objections to certain written interrogatories which appellants served upon respondent for discovery purposes shortly before the date of trial; and (2) in denying appellants’ motions made during the trial seeking an examination of certain documents in possession of respondent’s counsel.

The main issue in this ease and the one to which counsel have directed the greater part of their arguments is simply this: did the trial court abuse its discretion in sustaining respondent’s objections to some 52 interrogatories which were…