Crutcher v. Noel

BRANCH, Justice.

The sole question for decision is presented by the following assignment of error:

“The Court erred in permitting counsel for defendant. Noel to argue to the jury that doctors who were not called .as witnesses by the defendant would have testified that Dr. Noel performed the operation on Mrs. Crutcher correctly and that nurses would have told Dr. Finch that the bandage was on too tight, as set forth in Plaintiff’s Exception Numbers 5, 6 and 7.”

During the jury arguments, counsel for plaintiff argued that defendant indicated to plaintiff and the court during jury selection, that…