Turchan v. Bailey Meter Co.

LAYTON, District Judge.

Not having been present at the examination, I am in no position to say whether the witness replied “yes” or “no”. Nor does a careful reading of the transcript disclose to me that “yes” was the only sensible answer that the witness could have made under the circumstances. Thus, I have no alternative but to treat this application as one to change an answer on a material point. While the facts are different, the rule laid down by Judge Inch in De Seversky v. Republic Aviation Corporation, D.C.N.Y., 2 F.R.D. 113, 115, is controlling. There it was said in part:

“Rule 30,…