The Merchants National Bank v. Bernice I. Morriss

(Retired).

This case was begun by a complaint filed in the United States District Court for the District of Maine, founding jurisdiction upon diverse citizenship and alleging in substance that Dr. Albert W. Fellows negligently wounded plaintiff’s hand with a needle, thus introducing foreign matter, and that plaintiff suffered substantial damage from a resulting infection. Since Dr. Fellows had meanwhile died, the action was brought against the bank as the executor of his estate.

Also because of Dr. Fellows’ demise, plaintiff was held incompetent to testify concerning events during Dr. Fellows’…