Parks v. Ford

0 ’Neill, J.,

dissenting. The issue in this case is whether a surviving plaintiff may introduce into evidence the deposition of a deceased defendant, taken by counsel for defendant with a stipulation that it was to be used by defendant, where the sole purpose of introducing such deposition is for the plaintiff to make herself eligible to testify in her own behalf and where her testimony will be contra to that of the deceased defendant in the deposition.

Involved in the determination of this question is the interpretation of two statutes, Sections 2317.03 and 2319.22, Revised Code.

Section…