Spalt v. Eaton

The opinion of the court was delivered by

Heher, J.

Defendant is a common carrier of passengers. The gravamen of the action instituted by Mary H. Spalt is negligence by the operator of one of his buses, whereby she sustained personal injuries. Her husband, Donald, sued per quod. The District Court judge, sitting without a jury, found in favor of the plaintiffs; and defendant appeals from the consequent judgments.

Prior to the trial, defendant propounded certain interrogatories to plaintiffs. They were answered in due course. Inquiry was thus made for the names of the physicians claimed to have…