Meixsell v. Delaware, Lackawanna & Western Railroad
Meixsell v. Delaware, Lackawanna & Western Railroad
Opinion of the Court
Plaintiffs’ supplemental interrogatories 1 to 11, inclusive, 13 and 14 are filed under F.R.Civ.P. 33, 28 U.S.C.A. Defendant’s basic objection to these interrogatories is that they are clearly requests for admission under F.R.Civ.P. 36. While plaintiff argues that the Court should always look to realities, we cannot ignore the differentiation between the two rules involved, the purposes and functions of which are separate and distinct. Jones v. Boyd Truck Lines, D.C., 11 F.R.D. 67.
Whether these supplemental interrogatories are phrased as ■ they are
Considerations of convenience or brevity must yield to the necessity for order, clarity and precision.
Order
Now, September 23rd, 1960, it is accordingly ordered that defendant’s objections to plaintiffs’ supplemental interrogatories 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14 are sustained.
Defendant’s objections to plaintiffs’ supplemental interrogatories 15(a) (b) (c) and 17(a) and (b) are overruled.
Reference
- Full Case Name
- Ethel MEIXSELL, Administratrix D.B.N. of the Estate of Lambert C. Saddler, and Frances E. Tallman, Administratrix of the Estate of Ellura G. Saddler v. DELAWARE, LACKAWANNA AND WESTERN RAILROAD
- Status
- Published