Morse v. Hardinger

Mr. JUSTICE GREEN,

specially concurring:

I concur with the majority that the judgment should be reversed and the case remanded for a new trial. I agree that portions of decedent’s discovery deposition, required by the trial court to be read in evidence, went beyond the requirements of the “fairness” doctrine. Because of the prejudice created thereby, I agree that reversible error occurred. I also agree that the admissions in defendants’ pleadings should have been admitted into evidence.

Although the question is close, I disagree with the majority ruling that plaintiff’s incompetency under…