New York Central Rd. v. Stevens

Did the court of common pleas err in the second trial of this case in allowing the reading from the record of the former trial the testimony of the witnesses Ora Whitcomb and Agnes Whitcomb, over the objection and exception of the railroad company?

Authority for the reading of the testimony of a witness given at a former trial is found in Section 11496, General Code, which reads, in part, as follows:

"When a party or witness, after testifying orally, dies, is beyond the jurisdiction of the court, can not be found after diligent search, or is insane, or, through any physical or mental infirmity,…