Heit v. Kessler

Motion by defendant for an order to examine plaintiff physically before trial. Plaintiff’s attorney’s objection is that plaintiff is now in the armed forces of the nation and not within the jurisdiction of the court. That is not a reason for denying this relief. Plaintiff may be examined at the place where he is stationed if that fact can be disclosed. He may come to this jurisdiction on leave. To be afforded a physical examination near the time of the accident, when the injuries complained of "were sustained, is a substantial right of the defendant. This motion is granted. The order null…