Lyon v. Manhattan Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Sew York, made March 9, 1894, which reversed an order of Special Term directing a physical examination of the plaintiff before trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Sew York, made March 9, 1894, which reversed an order of Special Term directing a physical examination of the plaintiff before trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned General Term erred in reversing the order on the ground that the' statute does not provide for a physical examination apart from the plaintiff’s examination as a witness at the instance of the defendant. (Laws of 1893, chap. 721 ; Code Civ. Pro. §§ 872, 873.) The order of…
1Opinion of the CourtO’Brien, J.
The complaint in this action alleges that in the month of October, 1892, the plaintiff, a young girl then under age, was a passenger iqion one of the defendant’s trains, and that she was seriously injured by reason of a collision, such injury affecting the spinal column and whole nervous system. These allegations were put in issue by the answer. The defendant obtained an order from one of the judges of the court in which the action was pending, directing the plaintiff to appear before a referee named in the order, at her residence, at a date designated, and then and there submit to a physical…
2Cases cited3 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Brady v. Manhattan Railway Co.New York Court of Appeals · 1891
- Goldman v. KennedyNew York Supreme Court · 1888
3Cited by53 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Camden & Suburban Railway Co. v. StetsonSupreme Court of the United States · 1900
- Hanks Dental Assn. v. International Tooth Crown Co.Supreme Court of the United States · 1904
- People v. . JohnsonNew York Court of Appeals · 1906
- Morgan v. . HedstromNew York Court of Appeals · 1900
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