Hawkins, Admr. v. Rye

With reference, I think that, under Section 1690, Code of 1942 Recompiled, the testimony of Rye, the defendant, was not admissible, and that the case should be reversed and remanded.

*146Rye’s alleged negligence of course existed before and at the time of the little boy’s injury from which death resulted. Consequently the alleged wrongful act, out of which the claim arose, obviously originated during the lifetime of the deceased.

The applicable part of Section 1690, supra, is set out in the majority opinion, and there is no need to repeat it here. It is enough to say that the statute bars a person…