Swope v. State

The opinion of the court was delivered by

Thiele, J.:

This is an appeal from refusal of the lower court to grant, a writ of habeas corpus. The question is the right of an expert witnéss to refuse to testify unless his fees have been paid, and arises from the following circumstances, concerning which there is no dispute.

One Lillian Taves brought an action against the Safeway Cab Transport & Storage Company to recover for personal injuries. Prior to the trial, at the instance and request of that company, Opie W. Swope, a physician specializing in radiology, took some X-ray *929pictures of her arm. At…