Stroda v. State Ex Rel. State Highway Commission

Plaintiff was injured when a tree fell onto a public highway and struck the vehicle which he was driving. Following a lengthy trial of plaintiff’s action for personal injuries the jury returned a verdict in favor of all defendants. On appeal plaintiff malíes 15 assignments of error, all of which fall into three classifications: (1) the trial court erred in dismissing the nuisance count of plaintiff’s complaint on the ground that it added nothing to the negligence count; (2) the court erred in limiting the probative effect of depositions read at trial by ruling that the evidence thus produced…