Wilson v. Gregory

Van Sant, Commissioner

Reversing.

It is conceded that under Section 606, subsection 8 of the Civil Code of Practice, as construed in many decisions of this Court, one of which is Louisville and N. R. Co. v. McCoy, 261 Ky. 435, 87 S.W.2d 921, there is no restriction on the use by a party to an action of a deposition of an adverse party when taken as if under .cross-examination. That is to say, such a deposition, being an admission against interest, may be introduced as substantive evidence by the party taking it, even though the adverse party be present and testify at the trial. The sole…