NEW TRIAL REFUSED

Otago Witness, Issue 2924, 30 March 1910, Page 26

NEW TRIAL REFUSED

MELBOURNE, March 22. The High Court gave an important decision yesterday in the appeal from the State Full Court, which had refused a new trial in the case of Goodrich v. the National Mutual Association. Mrs Goodrich took out' a policy for £6OO, but after her death the company refused to pay over the amount, -on the ground that the insured had falsely answered certain : personal questions with a view to obtaining the policy at a lower rate. At the trial ? medical man tendered evidence regarding Mrs Goodrich's physical state before her death, but his evidence was rejected on the ground that the doctor had not obtained the consent of.the" patient. The jury found that Mrs Goodrich was non-conscious when she answered the questions that she was suffering from amy physical derangement. A verdict was given for the plaintiff .executor for the full amount claimed, .together with costs. The defendant company based its appeal on the limitation of the clause of the Evidence Act which provides that no physician or surgeon shall, without the xmsent of the patient, divulge in any suit or action, unless the sanity of that (jatient be the matter in dispute, any information acquired in attending such patient. - • The High Court could not see that there was any satisfactory ground for limiting the meaning of the clause in question, and upheld the decision of the State Full Court.