DOWNING v. GASSER


90 A.2d 651 (1952)

DOWNING v. GASSER.

Superior Court of Delaware, New Castle.

July 21, 1952.


Attorney(s) appearing for the Case

Henry M. Canby (of Richards, Layton and Finger), of Wilmington, for plaintiff.

William H. Bennethum (of Morford, Bennethum, Marvel & Cooch, of Wilmington, for defendant.


CAREY, Judge.

The action is one in negligence, the plaintiff claiming to have been injured by falling over a piece of wire lying on defendant's premises. The defendant took plaintiff's oral deposition, counsel waiving both the reading and signing thereof. At least three times during the taking of the deposition, plaintiff definitely and clearly stated that the wire over which he tripped was on a step or platform leading out of defendant's store. This statement was...

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