Railroad v. Harris

This record is before ns-on assignments of error to the action of the trial Judge. During the progress of the trial in the Court below, the plaintiff, over the objection of the defendant, was permitted to read to the jury a deposition which had been taken by the plaintiff without notice, and of the existence of which the defendant and its attorneys were without knowledge until it was offered as a part of plaintiff’s case. It is now insisted that the trial Judge was in error in overruling the objection and permitting the deposition to go to the jury.

While it is clear that this deposition,…