Carnie v. Murphy

— In this case, husband and wife sued a physician for malpractice in the treatment of a diseased eye of the wife, the action sounding in tort. The court below refused to allow the wife to testify as a witness for the plaintiffs. The only question in the case is as to the correctness of this ruling. I am of the opinion that it was. correct, under the statute which prevents husband or wife from feeing a witness for or against each other, and that the judgment should be affirmed.

Ray, J.

— I think that the ruling of the court below in excluding the evidence.of the wife was correct. The judgment…