Killings v. Metropolitan Life Ins.

DISSENTING OPINION.

The instruction approved by the majority opinion of this Court herein is as follows: "The Court instructs the jury for the defendant that the fact that the plaintiff as not introduced as a witness, Dr. M.W. Waldrup will justify the jury in inferring that had Dr. Waldrup been introduced his testimony would not have been favorable to the plaintiff."

The record in this case shows that the plaintiff in the court below sustained the relationship of patient to physician with three physicians, two of whom were introduced as witnesses, and Waldrup, who had visited him as a physician…