Maxwell v. City of Springfield

I must respectfully dissent. The judgment is reversed because the trial court instructed the jury to disregard the deposition testimony of Worcester in determining the liability of defendant Debow. So far as defendant Debow was concerned, that deposition testimony was hearsay evidence. I believe the admonition of the trial court was required and was not error.

*96It is significant this deposition was offered by the plaintiff against the defendant Debow who was not a party when the deposition was taken and had no notice of and did not participate in the taking of that deposition. There is a…