Holton v. Janes
New Mexico Supreme Court
Appeal from District Court, Curry County; McClure, Judge. Action by R. T. Holton against John N. Janes. Judgment for plaintiff, and defendant appeals. Court erred in refusing defendant’s request to have plaintiff examined by competent physicians to ascertain the nature, character and extent of his injuries. A., T. & S. F. Ry Co. v. Thul, 29 Kan. 466; Schroeder v. C., R. I. & P. Ry.
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Appeal from District Court, Curry County; McClure, Judge. Action by R. T. Holton against John N. Janes. Judgment for plaintiff, and defendant appeals. Court erred in refusing defendant’s request to have plaintiff examined by competent physicians to ascertain the nature, character and extent of his injuries. A., T. & S. F. Ry Co. v. Thul, 29 Kan. 466; Schroeder v. C., R. I. & P. Ry. Co., 47 Iowa 375; City of Ottowa v. Gilliland, 65 Pac. 252; Sibley v. Smith, 46 Ark. 275; South Bend, etc., Co. v. Turner, 54 L. R. A. 396; L. & N. R. Co. v. Simpson, 64 S. W. 733; Pronskevith v. C. & A. Ry. Co.,…
1Opinion of the Court
OPINION OP THE COURT.
MECTIEM (M. C.), District Judge.
This is an action to recover damages for personal injuries. The only error assigned, which will be considered, is that which challenges the correctness of the refusal of the trial judge to require the appellee to submit to a physical examination.
The appellee claimed to have received numerous injuries to different parts of his body, and among others to his head. As to the wounds in his head he alleged in his complaint:
“That the wounds, bruises, and fractures inflicted upon plaintiff’s head have greatly damaged, injured, and weakened the…
2Cases cited6 opinions
- Gulf, C. Santa Fe Railway Co. v. Brown WilliamsonTexas Supreme Court · 1905
- Haynes v. TrentonSupreme Court of Missouri · 1894
- Chicago, Rock Island & Texas Railway Co. v. LangstonCourt of Appeals of Texas · 1898
- Chicago & N. W. Ry. Co. v. KendallCourt of Appeals for the Eighth Circuit · 1909
- Winner v. LathropNew York Supreme Court · 1893
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3Cited by4 opinions
- State v. TorresNew Mexico Supreme Court · 1999
- Jewel Tea Co. v. RansdellSupreme Court of Oklahoma · 1937
- Dixie Greyhound Lines, Inc. v. MatthewsMississippi Supreme Court · 1936
- Phillips Petroleum Co. v. MyersSupreme Court of Oklahoma · 1949