Baltimore & Ohio Railroad Company v. Carrier

DAN M. GRIFFITH, Special Commissioner.

The primary question presented by this appeal is whether the trial court abused its discretion in entering a default judgment against the appellant, pursuant to CR 37.05, upon appellant’s failure to serve answers to interrogatories submitted to it under Rule 33. A secondary question is whether the ruling of the trial court excluding evidence offered by the appellant at the trial to determine the amount of damages to which the appellant was entitled was proper.

This appeal is taken from a judgment of the Jefferson Circuit Court awarding the appellees…