241 F. 964 | S.D.N.Y. | 1917
(after stating the facts _ as _ above).
The former opinion, directing the defendant to answer, the first, second, third, fourth, fifth, and seventh interrogatories, would therefore be followed by an order, were it not for the fact that, as respects the fifth and seventh interrogatories, I had overlooked some important considerations. I assumed that these called upon the defendant to make answers relevant to the controversy, but that was an error. Instead o f requiring the defendant to answer whether it had, drawings or specifications of cars built in accordance with any of the devices covered by 'the plaintiff’s patents, these two interrogatories require it generally to answer whether it has built any cars of any kind during the period in question. Such an inquiry is much wider than is relevant to the dispute between the parties, and, if it were followed by an order for production under rule 58, would require the defendant to produce all its drawings and specifications for the mere purpose of a roving inspection. The plaintiff may ask whether the defendant has built any cars containing any of the devices of any or all of the patents owned1 by it during the period of the contract. This it may ask with as much specification and detail as it pleases; the minuteness of the questioning will measure the success with which the plaintiff searches the defendant’s conscience.
The plaintiff will have leave to frame and keep reframing interrogatories till it has extracted from the defendant all the information which it possesses. Much the most convenient way would be for the parties to agree upon a master and allow the plaintiff an oral examination. This, however, I cannot compel; hut the same result may probably be obtained, though it must be confessed with the maximum of expense in time and labor, by allowing interrogatories to be renewed as often as justice requires. If that does not serve, the plaintiff must relv upon such rights as he will have at the trial under Revised Statutes, § 724 (Comp. St. 1916, § 1469).
It follows that, although the answer will be stricken out, the de