Toledo, Wabash & Western Railway Co. v. Baddeley

Mr.Chief Justice Breese

delivered the opinion of the Court:

This was an action on the case, against a railroad company, to recover damages for an injury to the plaintiff, a passenger on the train, occasioned by the negligence of the company, and a verdict for plaintiff of $10,000, one-half of which was remitted by the plaintiff, and judgment entered for $5000.

The defendants bring the record here, by writ of error, assigning various errors.

The first relates to the refusal of the court to exclude the deposition of the plaintiff, for the reason, it was taken before a notary public. This is not a…