Hickman v. Taylor

Facts

In 1943 a tug, the “J.M. Taylor” sank while engaged in helping to tow a car float of the Baltimore and Ohio Railroad across the Delaware River at Philadelphia. The accident, in which five of the nine crew members drowned was unusual in nature and the cause was unknown. Three days later Defendants employed a law firm to defend them against potential suits by representatives of the deceased crew members and to sue the railroad for damages to the tug. The following month, the attorney for Defendants privately interviewed the four survivors and took statements from them with an eye toward anticipated litigation. Hickman (Plaintiff), a representative of one of the five victims, brought suit in federal court naming as defendants the two tug owners. One year later, Plaintiff filed 39 interrogatories directed to the tug owners. The 38th interrogatory requested that the tug owners disclose whether any statements of the surviving crew members were taken following the accident, and if so, to include copies of such statements in writing, and if oral, to set forth in detail the exact provisions of such statements. The tug owners answered all of the interrogatories in full, except number 38. They admitted that statements were taken, but declined to summarize them or provide their contents. They based their refusal on the ground that such requests called for “privileged matter obtained in preparation for litigation. The district court held that the requested matters were not privileged. Upon their refusal, the tug owners were held in contempt. The Third Circuit Court of Appeals reversed the judgment of the district court. The Supreme Court of the United States then granted certiorari.