Webster v. Holly Hill Lumber Co.

While I agree that the trial court erroneously admitted the deposition in evidence without compliance with Circuit Court Rule 87, I disagree that it constituted reversible error and respectfully dissent.

The appellant, without reserving his objection to the admissibility of the deposition, presented Allen Hay, Jr.’s testimony which repeated the telephone conversation in substantial detail, in fact corroborating Duncan’s deposition in the following particulars:(1) Duncan testified that he received a call from a representative of Holly Hill Lumber Company. (Tr. 33, ff. 131). Hay testified that…