Stone v. Marine Transport Lines, Inc.

23 F.R.D. 222, 1 Fed. R. Serv. 2d 512, 1959 U.S. Dist. LEXIS 4204
CourtDistrict Court, D. Maryland
DecidedMarch 5, 1959
DocketCiv. No. 10290
StatusPublished
Cited by8 cases

This text of 23 F.R.D. 222 (Stone v. Marine Transport Lines, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stone v. Marine Transport Lines, Inc., 23 F.R.D. 222, 1 Fed. R. Serv. 2d 512, 1959 U.S. Dist. LEXIS 4204 (D. Md. 1959).

Opinion

THOMSEN, Chief Judge.

In this civil action plaintiff has served a too-elaborate set of interrogatories on defendant Marine Transport Lines, Inc., and that defendant has filed too-general objections and exceptions thereto. Consequently neither side will be allowed costs against the other.

The complaint alleges that plaintiff was, without cause or provocation, physically assaulted and injured by defendant Huey P. Plyler, a fellow crew member, and contends that his injuries were caused by various negligent acts and omissions of the corporate defendant in hiring and retaining a crewman whose vicious tendencies were known to its officers, agents and employees, in failing to warn plaintiff thereof and in failing to take proper precautions to prevent injuries to him, and by the unseaworthiness of the vessel due to such causes.

As a guide for future cases, rulings on the propriety of the several interrogatories are set out in detail. I am authorized to say that Judge Watkins concurs in these rulings. Rulings similar to those made in Buining v. The Transporter, D.C., 171 F.Supp. 127, are not being published, the omissions being indicated by asterisks.

Interrogatories and Rulings
* * * -X- * *
“3. What are the names, addresses, ‘Z’ numbers, port numbers, ratings or job classifications, telephone numbers and present whereabouts of all persons having knowledge of relevant information, facts, or circumstances in this case, known to Defendant?”

Objection overruled. Answer need not repeat names given in answers to Nos. 1 and 2. Present whereabouts to be given so far as known.

******
“6. What are the names, permanent mailing addresses, ‘Z’ numbers, ratings or job classifications, ship watches and present whereabouts of the members of the crew of the USNS Tonti for the voyage involved in this action?
“a. Of which country were the men mentioned above citizens ?
“b. When did the men mentioned above join the USNS Tonti as a member of the crew?”

Objection overruled, except as to ship watches. Plaintiff may demand under Rule 34, F.R.Civ.P., 28 U.S.C.A., to examine any records of defendant showing ship watches.

“7. When and where did the USNS Tonti sign on and pay off for the voyage in which she was engaged when Plaintiff was injured, and what was the length and terms of the articles?”

[226]*226Objection overruled as to plaintiff and defendant Plyler; sustained as to others. * * * * * *

“17. State the complete medical history of Plaintiff of which Defendant has knowledge or information, listing in detail
“a. The nature and extent of all substantial injuries, disabilities, infirmities, illnesses, etc.
“b. The nature and extent of the examinations and treatments given for the various disorders.
“c. The periods of hospitalization and/or incapacitation.
“d. The names, addresses, titles and telephone numbers of all persons, and the names, addresses of all hospitals, clinics or similar institutions where examinations were conducted and treatments rendered, together with the dates thereof.
“e. Prom which of the above persons or institutions, medical or hospital reports, records, clinical abstracts, narrative summaries, statements, resumes, etc. have been received, and the dates thereof?
“f. Attach authenticated copies of all medical and/or hospital documents mentioned immediately above.”

Objection sustained, so far as other injuries are concerned. Ordinarily a party need not divulge facts necessarily known to his opponent where the only purpose of the interrogatory is to prevent effective cross-examination. Objection overruled as to treatment for the injury involved in this suit, except as to “f”. As to “f”, request may be made under Rule 34, F.R.Civ.P., upon showing of good cause or at pretrial on basis of exchange of information. Under the practice in this State and District, such reports are frequently exchanged between counsel before the pretrial conference.

“18. State the names, addresses, ‘Z’ numbers, ratings or job classifications, telephone numbers and present whereabouts of all persons who engaged in or were reported to have engaged in fights with or were struck by Huey H. Plyler while he was a member of the crew of the USNS Tonti or while in the employ of the Marine Transport Lines, Inc., or any other shipping company, prior to the casualty complained of herein.”

Objection overruled; but defendant need furnish only information which it had prior to the casualty complained of in this suit.

“19. Has any suit been brought or claim filed against the Defendant by anyone else as a result of injuries or damages arising out of a fight with Huey H. Plyler, occurring prior to the casualty complained of herein ?
“a. If so, state the names, addresses, ‘Z’ numbers, ratings or job classifications, telephone numbers and present whereabouts of all persons filing such suits or asserting such claims, together with the complete docket reference and dispositions of the actions.”

Objection overruled, but only names of parties and court need be supplied.

*****•»
“24. Outline the nature and extent of all reports which reached the Defendant concerning the pugnaciousness of Huey H. Plyler before he was first hired or while he was serving as a member of the crew of the USNS Tonti, and identify the source thereof.”

Objection sustained, without prejudice to plaintiff filing a more specific interrogatory upon showing good cause.

“25. Give the names, addresses, ‘Z’ numbers, ratings or job classifications, telephone numbers and present whereabouts of all members of the crew who were hospitalized either in the ship’s hospital or [227]*227ashore while Huey H. Plyler was a member of the crew of the USNS Tonti.”

Objection sustained, without prejudice to plaintiff filing a narrower interrogatory upon showing good cause.

“26. When and where did Huey H. Plyler first join the USNS Tonti and over what period of time did he serve aboard her, and in which capacities ?

Objection overruled.

“27. When and where was Huey H. Plyler paid off the USNS Tonti subsequent to the happening of the casualty complained of herein, and what was the reason for the discharge in the foreign port?”

Objection overruled, “reason” to mean “stated reason, if any”.

“28. Did the crew, subsequent to the happening of the casualty herein complained of, consider at one of its meetings the incidents which form the subject matter of this action? If so:
“a. What, if any, action with respect to either Huey H. Plyler or Alfred S. Stone was taken at this meeting?”

Objection sustained.

“29.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mort v. A/S D/S Svendborg, D/S AF 1912 A/S
41 F.R.D. 225 (E.D. Pennsylvania, 1966)
Hikel v. Abousy
41 F.R.D. 152 (D. Maryland, 1966)
Norris Manufacturing Co. v. R. E. Darling Co.
29 F.R.D. 1 (D. Maryland, 1961)
American Steamship Co. v. Great Lakes Towing Co.
199 F. Supp. 105 (W.D. New York, 1961)
Leszynski v. Russ
29 F.R.D. 10 (D. Maryland, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
23 F.R.D. 222, 1 Fed. R. Serv. 2d 512, 1959 U.S. Dist. LEXIS 4204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-marine-transport-lines-inc-mdd-1959.