Hill v. Lee

WILLIAMS, P. J.,

On May 21, 1970, counsel for plaintiff, in this trespass action, served notice upon counsel for defendant of intention to take the oral deposition of Dr. E. L. Clark at Philadelphia, Pa., pursuant to Pa. R. C. P. 4003(a)(1), which permits depositions, either by written interrogatories or by oral examination, to be taken on notice without leave of court where the witness is (a) located within 100 miles of the courthouse, and (b) aged, infirm or “going.”

As authorized by Pa. R. C. P. 4012(a)(1), counsel for defendant has filed an objection to taking the depositions, inter alia,…