Board of Trustees v. Adler

Citations

• 49 Ill. 311

Syllabus

<p>1. Witness—examination of one whose deposition has been taken. -Anciently, when a witness had given his deposition, neither party was permitted to again examine him, by deposition or otherwise. But the rule has been modified, so that, when the deposition of a witness has been read to the jury, the opposite party may call him as his own witness.</p> <p>2. But where a deposition has been regularly taken, the opposite party having the right to attend and cross-examine the witness, such party, on failing to exercise that right, cannot be permitted afterwards to cross-examine the witness as the witness of the party who took the deposition. By failing to attend at the taking of the deposition the adverse party waives his right to a cross-examination.</p> <p>3. Illinois and Michigan Canal—who may be sued for negligence in respect thereto. Where an injury results from a neglect to keep the Illinois and Michigan Canal in repair, an action therefor is given against the State Canal Trustee, but it will not lie against the Board of Trustees.</p>