Sather v. Lindahl

A new trial was granted in a personal injury action because the plaintiff had, when his deposition was taken four days before the trial, answered, “Not that I know of,” in response to the question, “Do you know of any witnesses to this accident?” when, in fact, the plaintiff and his counsel did know of four eyewitnesses, whom they produced at the trial and who testified without objection.

The defendants, on cross-examination of these witnesses, developed the fact that they had been known to the plaintiff and his counsel. The defendants also impeached the plaintiff by showing that he had made a…