Prescan v. Aliquippa & Southern Railroad

GOURLEY, Chief Judge.

In this proceeding which arises under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., the sole problem presented to the court relates to the proper application of the discovery process. Rule 33, Federal Rules of Civil Procedure, 28 U.S.C.

The plaintiff through his counsel has submitted to the defendant the following interrogatory:

“12. State the acts of omission or commission on the part of the plaintiff referred to in the second defense of the defendant’s Answer and which were said to have been the sole or contributing cause of the accident.”

Defendant…