City of Fort Scott v. Elliott

This action was brought by William Elliott against the city of Fort Scott to recover damages for personal injuries alleged to have been sustained by falling into an excavation negligently permitted to exist in one of the public streets of the city. From a judgment against it the city prosecutes error.

An objection was sustained by the court to the reading of an affidavit as the deposition of an absent witness, on the ground that the matter contained in the affidavit was hearsay. In this we think the court committed no error. A small portion of the matter contained in the affidavit was…