Verbsky v. Burger

The single question of law presented for consideration by this court is whether the trial court was in error in refusing to permit the plaintiff, over objection, to examine the defendant daughters as if under cross-examination as provided by Section 11497, General Code, which reads in part as follows :

“At the instance of the adverse party, a party may be examined as if under cross-examination, either orally, or by deposition, like any other witness.”

It is the contention of the plaintiff that this provision is general, unconditional and applicable in'every instance.

Likewise, the plaintiff…