Morrone
Morrone v. Southern Pac. Co.
Opinion
Lead Opinion
McCormick, J.
In two actions pending in this court entitled as above stated damages are sought *215 by plaintiffs against defendant railroad ■company.
The alleged causes of action as stated in the complaints pertain to an accident which occurred at a public highway crossing of railway tracks at which a collision occurred between a train and an automobile. The pleadings raise issues of negligence and of contributory negligence.
The instant proceedings before the court are identical motions by plaintiffs respectively for an order directing the defendant to produce and permit counsel for the plaintiffs to inspect and copy or make photographs of the following documents in the possession, custody and control of defendants:
“The accident reports of the conductor, engineer, fireman and brakeman of defendant’s train Number 1 (westbound) which struck the automobile and killed the decedents named in the complaints in the above entitled actions, and for whose deaths plaintiffs pray for judgment for damages sustained by them by reason and on account of the deaths of the said decedents. Said documents include all reports made by telegraph and by other written statements to any of the defendant’s offices,…