Gorman v. Columbus & Southern Ohio Electric Co.

The question the answer to which is determinative of this case is whether the deposition taken by the defendant as upon cross-examination in the action instituted by the decedent in his lifetime to recover damages for injury alleged to have been caused by the negligence of the defendant, which action was settled and dismissed, is admissible in an action subsequently brought by the administratrix against the same defendant to recover damages for the wrongful death of the decedent alleged to have resulted from such injuries.

In this state the taking of the testimony of witnesses by deposition is…