Smith v. the Morning News, Inc.

Carlisle, Judge.

One of the medical witnesses for the plaintiff, Dr. Frank Hardeman, Jr., while on the stand and testifying, sought to refer to certain X-rays of the plaintiff’s arm (the injured member for which she sued) in order to refresh his recollection as to the nature and extent of her injury. Counsel for the defendant objected to the doctor’s referring to and testifying from the X-rays on the ground that he was not the one who took the pictures and that he did not treat the plaintiff for the particular break and, therefore, was not competent to testify from the X-rays. The trial judge…