Atchison, Topeka & Santa Fe Railway Co. v. Superior Court

Petitioner is the defendant in an action brought in the respondent court by one Abernathy to recover damages for personal injuries. It here seeks a writ of mandate to compel the respondent court to grant its motion to be permitted to inspect and make copies of certain papers in the possession of plaintiff.

The facts are undisputed. The accident in which Abernathy was injured occurred in New Mexico in October 1958. About five days after the accident the agent of petitioner interviewed Abernathy concerning his knowledge of the facts surrounding the accident in question and as he interviewed him, wrote the substance of his statements upon a typewriter, making an original and a carbon copy thereof. Upon the statement being completed he asked Abernathy to sign the original. Abernathy stated he did not desire to sign it until he had consulted with his brother. The agent then left both the original and copy of the statement with Abernathy. The agent had promised Abernathy a copy of the statement. When the agent returned to the hospital to pick up the signed original he was advised by Abernathy that both the original and copy had been taken by his brother to Los Angeles. They are now in…