Legal Opinion

S. S. Kresge Co. v. Trester

Ohio Supreme Court

Decided February 25, 1931No. 22460PublishedCited by 19 opinions

1Opinion of the CourtDay, J.

The solution of the question presented in this case goes to the issue as to whether or not the trial court abused its discretion in making the order requiring the plaintiff to submit to an examination by Dr. Guy Brown, even though he was a physician suggested by plaintiff in error, defendant below, and, upon her refusal to comply with such order, whether the trial court erred in dismissing her petition without prejudice.

As to the power to require the plaintiff to submit to a physical examination, we think the weight of authority is to the effect that “trial courts have inherent power to…

2Cited by19 opinions

  1. People Ex Rel. Noren v. DempseyIllinois Supreme Court · 1957
  2. Myers v. City of ToledoOhio Supreme Court · 2006
  3. State v. DammSouth Dakota Supreme Court · 1936
  4. Wagner v. LongOhio Supreme Court · 1937
  5. Garrett v. Jeep Corp.Ohio Court of Appeals · 1991

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