Bartis v. Warrington

I. The first exception is to a ruling of the court in excluding the use of a deposition offered by the plaintiff to have a witness for the plaintiff refresh his memory as to the speed of the defendant’s car at the time of the accident. The witness testified that defendant’s speed was from fifteen to twenty miles per hour. Plaintiff’s counsel then undertook to have the witness refresh his memory through the use of a deposition previously given, wherein he, the witness, had stated the car came “flashing” across the street. Upon objection the court excluded the use of the deposition for the…