Metropolitan Life Ins. Co. v. Evans

This is an appeal from a judgment awarding the appellee a recovery on a total disability clause of a life insurance policy. When the case came on for trial, the appellant applied for a continuance thereof because of the unavoidable absence of the physician, one of its witnesses. The Court declined to continue the case holding erroneously, as will hereinafter appeal*, that the proposed evidence of the physician was privileged under Sec. 1536, Code of 1930.

In 1936 the appellee was employed by Gilchrist Fordney Company, which was engaged in the manufacture of lumber. According to his evidence,…