May v. Baltimore & Ohio Railroad

THOMSEN, District Judge.

In this action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., defendant’s answer alleged that “plaintiff was guilty of negligence contributing to the occurrence of the accident”. Plaintiff filed the following Interrogatory, among others:

“11. State in detail the alleged negligence on the part of the Plaintiff contributing to the occurrence of the accident and give the names and addresses of any witness to the alleged acts of contributory negligence on the part of the Plaintiff.”

Defendant excepted to this Interrogatory on the ground that “the…