Ruhala v. Roby

The trial judge erred reversibly — twice. He denied plaintiff’s right, assured by GCB 1963, 302.4 (2), to read in evidence the critical portion of defendant Burditt’s deposition.1 Then he denied plaintiff’s separate right to call defendant Burditt to the stand for eross-exam*130ination; a right which was assured anew by the reenactment — effective January 1, 1963; RJA, PA 1961/No 236, § 2161 —of the act of 1909 (CL 1915, § 12554); also by presently quoted GCR 1963, 507.4. Division 2 erred in turn when it upheld these rulings (2 Mich App 557).

First: GCR 1963, 302.4 provides:

“.4 Use of Depositions.…