Union Pacific Railway Co. v. Botsford
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. The original action was by Clara L. Botsford against the Union Pacific Railway Company, for negligence in the construction and care of an upper berth in a sleeping car in which she was a passenger, by reason of which the berth fell upon her head, bruising and wounding her, rupturing the membranes of the brain and spinal cord, and causing a concussion of the same, resulting, in great suffering and…
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. The original action was by Clara L. Botsford against the Union Pacific Railway Company, for negligence in the construction and care of an upper berth in a sleeping car in which she was a passenger, by reason of which the berth fell upon her head, bruising and wounding her, rupturing the membranes of the brain and spinal cord, and causing a concussion of the same, resulting, in great suffering and pain to her in body and mind, and in permanent and increasing injuries. Answer, a general denial. Threé days before the…
1Opinion of the CourtJustice Gray
The single question presented by this record is whether, in a civil action for an injury to the person, the'court, on application of the defendant, and in advance of the trial, may order the plaintiff, without his or her consent, to submit to a surgical examination as to the extent of the injury sued for. We concur with the Circuit Court in holding that it had no legal right or power to make and enforce such an order.
No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual, to the possession and control of his own person, free from all…
Also in this document: Dissent.
2Cases cited10 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Ex Parte FISKSupreme Court of the United States · 1885
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Clifton v. United StatesSupreme Court of the United States · 1846
- The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by644 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Roe v. WadeSupreme Court of the United States · 1973
- Ingraham v. WrightSupreme Court of the United States · 1977
- Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
- Dimick v. SchiedtSupreme Court of the United States · 1935
639 more not listed; retrieve them via the Exa API.