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HOGUE v. MASSA

Nos. 10035, 10036.

123 N.W.2d 131 (1963)

Welton D. HOGUE, Plaintiff and Appellant, v. L. L. MASSA, Mary Grandy Gridley, Executrix of the Estate of Jesse William Gridley, Deceased, Massa-Gridley Clinic, William A. Miller, Sturgis Community Memorial Hospital, Glenn Hanson, John Doe, and Jane Doe, Defendants and Respondents, Lorraine B. HOGUE, Plaintiff and Appellant, v. L. L. MASSA, Mary Grandy Gridley, Executrix of the Estate of Jesse William Gridley, Deceased, Massa-Gridley Clinic, William A. Miller, Sturgis Community Memorial Hospital, Glenn Hanson, John Doe, and Jane Doe, Defendants and Respondents.

Supreme Court of South Dakota.

August 20, 1963.

Attorney(s) appearing for the Case

Lynden D. Levitt, Earl L. Kellett, Rapid City, for plaintiffs and appellants.

Morrill & Morrill, Sturgis, for defendants and respondents.

RENTTO, Judge.

These appeals concern the right to interrogate a physician without the patient's consent on matters that are privileged under the physician-patient relationship, when his deposition in a civil action, is taken before trial for the purpose of discovery. The answer depends on whether there has been a waiver of the privilege.

On Saturday, June 27, 1959, Welton D. Hogue complained of severe abdominal pains. One of the defendants, Dr. Miller, an...

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