Forsythe v. Baltimore & O. R.

GOURLEY, Chief Judge.

In this action based upon the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., a petition is presented to compel answer to plaintiff’s interrogatory which is as follows:

“State on what conduct, course of conduct, acts of omission or commission on the part of the plaintiff you base the allegations of contributory negligence as set forth in your answer?”

Defendant refused to answer on the legal thesis that such facts must necessarily be based solely upon the knowledge and experience of counsel, constituting the work product of an attorney, and therefore being…