Mary A. Morris, Respondent v. the New York, Ontario and Western Railway Company, Appellant

Summary

The Court held that when a plaintiff calls one of two physicians who attended her examination as a witness, the privilege under Code Civ. Pro. § 834 is waived for both physicians, making the testimony of the other physician admissible. Accordingly, the trial court's exclusion of the second physician's testimony was erroneous, the judgment was reversed, and a new trial was ordered.