Bradford v. Parrish

Bell, Presiding Judge.

In the motion for new trial error is urged on the refusal of the trial court to allow counsel for the plaintiff to contend in his closing argument to the jury that the failure of the defendant to have the plaintiff examined under the provisions of Code Ann. § 38-2110 (a) amounted to an admission that plaintiff was injured as alleged in the petition.

The ground has no merit for at least two cogent reasons.

The contention is based on the erroneous assumption that under Code Ann. § 38-2110 (a) the defendant as a matter of right could have secured an order of the trial court…