Phillips Petroleum Co. v. Myers

I am of opinion the affirmance of the judgment cannot be justified on sound principles of law. I am of the further opinion the majority has injected into the appeal and held as decisive of a vital issue therein matter that is neither pertinent to nor properly to be considered in the determination of such issue. And, since the holding, if left undisturbed, will, as a precedent, prove fruitful of injustice, I feel compelled to state my views.

The issue in question is whether the court erred in overruling the motion of *158defendant to require plaintiff to submit to an examination by physicians to be…