Kempt v. Isthmian S. S. Lines

SUGARMAN, District Judge.

Plaintiff, a seaman suing for negligence and maintenance and cure, excepts to defendant’s interrogatories “on the ground that the defendant has already had an oral examination of the plaintiff before trial, and on the further ground that the defendant has had a doctor examine the plaintiff. Plaintiff excepts on the further ground that said interrogatories are unduly burdensome”. There is no dispute that the defendant’s interrogatories were served upon the plaintiff more than six months after the defendant pursuant to notice had orally examined the plaintiff.

The…