Wanek v. City of Winona
Supreme Court of Minnesota
Action in the district court for Winona county to recover $10,050 for personal injuries. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. The court made an order granting a motion for a new trial, unless plaintiff should consent to a reduction of the verdict to $3,000 and otherwise denying the motion. Plaintiff consented to the reduction, and from the order defendant appealed.
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Action in the district court for Winona county to recover $10,050 for personal injuries. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. The court made an order granting a motion for a new trial, unless plaintiff should consent to a reduction of the verdict to $3,000 and otherwise denying the motion. Plaintiff consented to the reduction, and from the order defendant appealed. The overwhelming weight of authority sustains the power of the court, as a matter of right, to order an examination. Hatfield v. St. Paul & D. R. Co., 33 Minn.…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for personal injuries caused by the alleged negligence of the city in allowing a public sidewalk to become and remain out of repair, and in an unsafe condition for public travel.
The only question which we find it necessary to consider is whether the trial court erred in denying the application of the defendant to require the plaintiff to submit himself to a physical examination by two or more competent and disinterested physicians, to be named by the court, in order to ascertain the nature and extent of his injuries. The alleged injuries were…
2Cited by31 opinions
- Johnston v. Southern Pacific Co.California Supreme Court · 1907
- State v. EvansSupreme Court of Minnesota · 2008
- Christenson v. ChristensonSupreme Court of Minnesota · 1968
- Clark v. Tulare Lake Dredging Co.California Court of Appeal · 1910
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
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