Legal Opinion
Moorman v. Simon
District Court, W.D. Missouri
Decided June 16, 1947No. 4667PublishedCited by 4 opinions
1Opinion of the Court
REEVES, District Judge.
In interrogatories numbered 5, 8 and 15, the plaintiff asks for an opinion on the part of the defendant as to the speed at which he was traveling at the time of the collision. It is the rule announced by numerous authorities that matters of opinion are not appropriate subjects of interrogatories. See Holtzoff on New Federal Procedure and the Courts, p. 90; also Canuso v. City of Niagara Falls, D.C., 4 F.R.D. 362; Hercules Powder Co. v. Rohm & Haas Co., D.C., 3 F.R.D. 328.
Interrogatory number 16 seeks the intention of the defendant as to what he was intending to do at…
2Cases cited3 opinions
- Canuso v. City of Niagara FallsDistrict Court, W.D. New York · 1945
- Hercules Powder Co. v. Rohm & Haas Co.District Court, D. Delaware · 1944
- F. & M. Skirt Co. v. A. Wimpfheimer & Bro., Inc.District Court, D. Massachusetts · 1939
3Cited by4 opinions
- Wray M. Scott Co. v. DaigleCourt of Appeals for the Eighth Circuit · 1962
- McNamara v. ErschenDistrict Court, D. Delaware · 1948
- Grogan v. Pennsylvania R.District Court, W.D. New York · 1950
- Wray Scott Company v. DaigleCourt of Appeals for the Eighth Circuit · 1962