Thiel

An oral motion for an inspection of statements and reports allegedly made by defendant’s employees, designated members of the train crew, was presented during the pretrial conference, and the Court, after a consideration of the memoranda of law submitted by counsel and the representations made by counsel for both parties, regularly denied the motion.

Thereafter, and during the course of the trial, plaintiff filed a written notice of motion predicated on Federal Rules of Civil Procedure, rule 34, 28 U.S.C.A. following section 723c, to produce statements of employees allegedly made by them in the usual or regular course of business supported by an affidavit of Allen Spivock, setting forth nine (9) specifications of alleged evidenti-ary matter which counsel for plaintiff indicated at the hearing were culled or compiled from the transcript of the first trial, the interrogatories and the depositions.

The avowed purpose of the motion as set forth in the notice is to assértedly “clarify the numerous conflicts in the testimony of defendant’s said employees.”

Defendant has filed herein, through its attorney A. B. Dunne, a responsive affidavit setting forth in substance that “there is no…