Wells v. Gibson Coal Company

— Plaintiff-appellant, Wells, appeals from the-negative judgment in her negligence action for damages arising out of a vehicle-truck collision with the driver-agent of defendant, Gibson Coal Company. Plaintiff submits two issues for review.(1) Did the trial court commit reversible error when it admitted into evidence the deposition of a non-party witness without a showing that the person was unable to appear ?(2) Did the Court erroneously give an instruction on sudden emergency which was a misstatement of the law ?

The evidence most favorable to the judgment as it relates to these particular…