Mary J. McKinney, an Infant v. the Grand Street, Prospect Park and Flatbush Railroad, Appellant

Summary

The Court held that a patient’s waiver of physician‑patient privilege, once exercised by allowing the physician’s testimony in a prior trial, is irrevocable; the physician’s testimony on the second trial is admissible and the lower court’s exclusion was erroneous, so the judgment was reversed and a new trial ordered.