Whitaker v. Staten Island Midland R.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action for personal injuries by Katharine V. Whitaker against the Staten Island Midland Railroad Company. From an order denying plaintiff’s motion to vacate an order for the physical and personal examination of plaintiff, she appeals.
1Opinion of the CourtWoodward, J.
The complaint in this action, brought to recover damages for a personal injury alleged to have been sustained by the plaintiff while a passenger on one of the defendant’s electric cars in Richmond county, was served on the 17th day of August, 1899. On the 31st day of October in the same year, an order of the special term was made for the personal and physical examination of the plaintiff before trial, as provided by section 873 of the Code of Civil Procedure. Upon the service of this order, plaintiff procured an order to show cause why said order “should not be modified so as to confine the…
2Cases cited4 opinions
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902