Moore v. Lehigh Valley R.

CAFFEY, District Judge.

This is a motion by defendant railroad company. There are three matters for discussion. These will be taken up in turn.

I

First, the railroad company moves to vacate plaintiff’s notice of taking a deposition before trial. This is on the ground that “there is no proper designation or description of the person sought to be examined.” The notice recited that plaintiff would take the deposition of defendant by its officer or managing agent having knowledge of the ownership, operation, control, charter agreements and location of the barge ‘No. 8’ on February 16, 1944” [the…