Legal Opinion
Rosenthal v. Peoples Cab Co.
District Court, W.D. Pennsylvania
Decided September 16, 1960No. Civ. A. No. 17356PublishedCited by 14 opinions
1Opinion of the Court
GOURLEY, Chief Judge.
In this diversity action based on negligence the following question is presented:
Where a deposition is taken by the plaintiff solely for the purpose of discovery as distinguished from trial from an agent of the defendant who was the driver of the instrumentality and who subsequent thereto has died, may the defendant use said deposition during trial as substantive testimony?
The court is confronted with an enigma in view of the complete dearth of authority and the silence manifested in the Rule governing depositions, Rule 26, Federal Rules of Civil Procedure, 28 U. S.C.A.
Nev…
2Cases cited1 opinion
- Inland Bonding Co. v. Mainland Nat. BankDistrict Court, D. New Jersey · 1944
3Cited by14 opinions
- Waterman Steamship Corporation v. Gay Cottons, United States of America and Shalom Baby WearCourt of Appeals for the Ninth Circuit · 1969
- United States v. International Business Machines Corp.District Court, S.D. New York · 1981
- Genevieve Derewecki, Administratrix of the Estate of Joseph W. Derewecki, Deceased v. The Pennsylvania Railroad Company, a CorporationCourt of Appeals for the Third Circuit · 1965
- Duttle v. Bandler & KassDistrict Court, S.D. New York · 1989
- Henkel v. XIM Products, Inc.District Court, D. Minnesota · 1991
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