Cusumanu v. Pitzer Trucking Co.

Mn/coisr M. Wecht, J.

Plaintiff tried this action for negligence against the defendant owner of a truck and the defendant Morgan, the driver.

After plaintiff rested, defendants produced no witnesses, but attempted to read the defendant Morgan’s testimony, taken by the plaintiff at an examination before trial. Plaintiff objected to the reading of this testimony on several grounds: (1) that since the plaintiff took the examination before trial but used no part of it as part of his evidence, the defendant should not now be permitted to use it; (2) that defendant Morgan was not produced and should…