Wunsch v. Weber
New York Court of Common Pleas
Action by Frederick Wunsch against Louis Weber and Edward Weber for personal injuries. On the physical examination of plaintiff before trial, objections were made to questions being asked by the physician, referee, or defendants’ attorney, as irrelevant, immaterial, and not within the scope and purport of the order of reference.
1Opinion of the Court
BIRDSEYE, R.
The amendment to sections 872 and 873 of the-Code of Civil Procedure, under which' this examination is taken, authorizes an entirely new procedure in actions to recover damages-for personal injuries; and, so far as I can ascertain, the practice upon such an examination has never been determined. As this objection goes to the foundation of the whole examination and the-method of conducting it, it is proper to state the rules which, it seems to me, should govern the taking of the testimony. The examination is had under sections 872 and 873 of the Code of Civil Procedure, as amended…
2Cited by2 opinions
- Sharff v. Superior CourtCalifornia Supreme Court · 1955
- Whitfield v. Superior CourtCalifornia Court of Appeal · 1966