Staargaard v. Public Service Co.
| Decision Date | 01 November 1949 |
| Parties | STAARGAARD et al. v. PUBLIC SERVICE CO. |
| Court | New Hampshire Supreme Court |
McLane, Davis, Carleton & Graf and Stanley M. Brown, Manchester (Mr. Brown orally), for plaintiffs.
Wyman, Starr, Booth, Wadleigh & Langdell and Louis C. Wyman, Manchester, (Mr. Louis C. Wyman orally), for defendant.
The position of the plaintiffs is stated in their brief as follows:
It is true that the propriety of questions asked in the taking of a deposition under R. L. c. 393, § 1 does not depend upon the certainty of their admissibility at the trial but rather upon the fact of whether the matters inquired about may become relevant and competent. Boston & Maine R. R. v. State, 75 N.H. 513, 77 A. 996, 31 L.R.A.,N.S., 539, Ann.Cas.1912A 382; Taylor v. Thomas, 77 N.H. 410, 92 A. 740; Watkins v. Boston & M. Railroad, 80 N.H. 102, 113 A. 796; Swinglehurst v. Busiel, 84 N.H. 327, 150 A. 485. Within limits, the deciding of whether this latter stated test is met rests in the sound discretion of the Trial Court when, as in the present case, it is called upon to find and rule.
The motion of the plaintiffs was that the defendant be required to produce its records 'relating to prior accidents to passengers in its buses.' The record does not disclose the reasons of the Court for denying the motion. It may well have found that passengers in buses suffer accidents, evidence of which could by no possibility become relevant to the issues tendered by the plaintiffs' writs or material to the proper preparation of plaintiffs' case for trial. The plaintiffs' claim of negligent construction and maintenance is understood to relate to the absence of a rail or other protective device in front of certain seats in the defendant's buses, and the consequent risk that passengers might be thrown from such seats. It is obvious that the requested records would include many relating to accidents the circumstances of which could have no possible 'legitimate bearing' on this issue. See State v. Lapage, 57 N.H. 245, 289, 24 Am.Rep. 69; I Wig.Ev., § 12. Since the plaintiffs declined to modify the scope of their request and sought no alternative relief,...
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