State ex rel. Daggett v. Gessaman

The interrogatories which precipitated this action are framed in conclusory terms, and the answers thereto involve “legal conclusions” or “ultimate facts.” The alleged tort-feasor was asked if he was negligent, whether his negligence was the proximate cause of the accident, and whether the accident was the proximate cause of the plaintiff’s injury. Ordinarily, the posture of these ultimate issues would be determined by the defendant’s answer to the allegations of the complaint. However, the interrogatories were apparently propounded in an effort to require the defendant to concede the…