Reif v. Gebel

Plaintiffs appeal from an order denying a motion for an examination of one Dr. John Horni as a witness before trial. The action is for damages for malpractice. It is not denied that Dr. Homi treated the plaintiff wife before and after the alleged malpractice by defendant, or that when she and her lawyer questioned him he *777refused to discuss the case and “ unequivocally stated that under no condition would he testify upon the trial of this action.” Plaintiffs should not be compelled to wait until the trial for the examination of a hostile witness and one who, by reason of his statement, might…