ATWOOD v. KERR

No. 42-77.

394 A.2d 1132 (1978)

Alice V. ATWOOD, Individually and as Executrix of the Estate of Robert W. Atwood v. Edward Henry KERR, Jr.

Supreme Court of Vermont.

October 31, 1978.


Attorney(s) appearing for the Case

Joseph H. Badgewick of Ryan, Smith & Carbine, Ltd., Rutland, and Weber, Fisher, Perra & Gibson, Brattleboro, for plaintiff.

James L. Morse, Defender Gen., and David W. Curtis, Correctional Facilities Defender, Montpelier, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BILLINGS, Justice.

This is an appeal by the defendant-appellant from a jury verdict in a wrongful death action. The defendant was not personally present during the trial. At trial, plaintiff, over the objection of defendant's attorney, read into the record defendant's unsigned deposition, which had been taken some three years prior. The transcript of the deposition had remained in the file of defendant's attorney until requested by the plaintiff on the third day of...

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