Persail v. Moseley

Defendants appeal from judgment for plaintiff, entered on jury verdict, for damages resulting from injuries sustained when he, as a pedestrian, was struck by a truck owned by defendant Moseley and driven by defendant Burch.

At trial Burch was not available as a witness because he was in the armed service. His deposition, theretofore taken, was read into evidence by plaintiff. Defendants say plaintiff is bound by it, citing Chicago College of Osteopathy v. Littlejohn, 234 Mich 528. Such portions as were helpful to defendants or harmful to plaintiff were contradicted by him, leaving him in those…