Milligan v. Union Pac. R.

PATTERSON, District Judge.

The action is at law for personal injuries alleged to have been suffered because of the defendant’s negligence. The defendant has moved for a physical examination of the plaintiff before trial. The plaintiff takes the position that the court lacks power to order such an examination.

In the matter of physical examination of a party by competent surgeons, a United States court follows the statutes of the state in which the court sits. If the state has no statute on the point, there will be no physical examination. Union Pacific R. Co. v. Botsford, 141 U. S. 250, 11 S.…