State Ex Rel. Atchison, Topeka & Santa Fe RR. v. O'Malley

HANNA, Judge.

In the underlying ease, plaintiff Charles Herriman seeks to recover damages from relator Atchison, Topeka & Santa Fe Railway Company. Plaintiff Herriman’s petition for damages was brought under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (FELA), alleging that the relator “by and through its agents and employees” was negligent. Plaintiff’s interrogatories sought and obtained the names of three individuals who were identified as relator’s supervisors and employees who were working or present at the scene of the incident. Relator filed a motion seeking an order of…