Wm. L. Schupp & Sons, Inc. v. Barnett

Hinman, J.:

It is claimed that the trial court committed a reversible error in excluding the cross-examination of an officer of the plaintiff corporation contained in his deposition taken for use on the trial. This deposition was taken “ under stipulation entered into between the attorneys for the respective parties so that the same may be read in evidence on the trial of this action.” This officer of the plaintiff corporation whose testimony was so taken was the man who actually made the sale of the track to the defendant. At the time of the trial this witness was ill and unable to attend the…