Barnes

Petitioners,defendants in an action pending in the respondent court, seek a writ of mandate directing said court to set aside its order sustaining plaintiff’s refusal to answer certain questions propounded to her during the course of a pretrial deposition.

The action in which the deposition proceedings were had is one instituted by the plaintiff, Bessie Smith, seeking damages for alleged injury sustained by her. In the complaint it is alleged that the defendant sold her a bottle of liquid hair straightener and warranted the same to be safe for her use and that as a result of using said hair straightener much of her hair became loose and fell out.

Upon her examination the plaintiff was asked as to how many doctors she had consulted during the year prior to the accident to which she replied that she had a family doctor to whom she went for a check up every six months. She was then asked the name of this family doctor and upon instructions of her counsel she refused to answer. She was then asked if she had been to any other doctor during the period of five years preceding the accident. This question too she refused to answer upon the advice of her counsel.

One of the principal…