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BEAHM v. SHORTALL

[No. 50, September Term, 1976.]

279 Md. 321 (1977)

368 A.2d 1005

EUGENE L. BEAHM ET AL. v. FRANCIS E. SHORTALL, JR. ET AL.

Court of Appeals of Maryland.

Decided February 7, 1977.

Attorney(s) appearing for the Case

James P. Salmon, with whom were Charles E. Channing, Jr., and Sasscer, Clagett, Channing & Bucher, Samuel S. Smalkin and Rollins, Smalkin, Weston, Richards & Mackie on the brief, for appellants.

William A. Hegarty and John O. Herrmann for Francis E. Shortall, Jr., and Martha M. Shortall, part of appellees. Roger J. Bennett for Owen Ray Payton, other appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

ORTH, J., delivered the opinion of the Court.

This appeal requires that we look again at the rule followed in this jurisdiction concerning the admissibility of the testimony of a physician employed to examine a person, not for the purpose of treatment, but in order to qualify as an expert witness during litigation.

I

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