Downing v. Gasser

Caret, J.:

The action is one in negligence, the plaintiff claiming to have been injured by falling over a piece of wire lying on defendant’s premises. The defendant took plaintiff’s oral deposition, counsel waiving both the reading and signing thereof. At least three times during the taking of the deposition, plaintiff definitely and clearly stated that the wire over which he tripped was on a step or platform leading out of defendant’s store. This statement was in direct contrast to an allegation in his complaint to the effect that the wire was on the sidewalk adjoining the store.

Some three…