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MILLER v. CARTER

500 S.W.2d 600 (1973)

Sally MILLER, Appellant, v. Jeffie D. CARTER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 23, 1973.

Attorney(s) appearing for the Case

J. L. Richardson, Jr., J. L. Richardson, III, Richardson & Richardson, I. G. Spencer, Jr., Louisville, for appellant.

James G. Bowman, Hogan, Taylor, Denzer & Bennett, Louisville, for appellee.

GARDNER, Commissioner.

Pursuant to a jury verdict in this intersection-accident case, Sally Miller, appellant, was denied recovery for personal injuries. We reverse.

Appellant's husband attempted to invoke the privilege of not testifying, when called by appellee, as provided by KRS 421.210(1), which is as follows:

"In all actions between husband and wife, or between either or both of them and another, either or both of them may testify as other witnesses...

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