Legal Opinion

Helton v. JP Stevens Company

Supreme Court of North Carolina

Decided March 22, 1961No. 163PublishedCited by 5 opinions

1Opinion of the CourtHiggiNS, J.

As a general rule, judges of trial courts have inherent power in their discretion to order physical examinations of the character here involved. The ends of justice, and the particular facts of each case, dictate the manner in which the court shall exercise the power. Flythe v. Coach Co., 195 N.C. 777, 143 S.E. 865; 27 C.J.S., “Discovery,” Sections 37 and 38; 17 Am. Jur., “Discovery and Inspection,” Sec. 43. Under the facts as disclosed by the motion and the verified pleadings, the plaintiff’s first assignment of error is not sustained. 51 A.L.R. 183; 108 A.L.R. 142.

The plaintiff’s second…

2Cases cited1 opinion

  1. Flythe v. Eastern Carolina Coach Co.Supreme Court of North Carolina · 1928

3Cited by5 opinions

  1. Lockwood v. McCaskillSupreme Court of North Carolina · 1964
  2. Martin v. Superior Court in and for Co. of MaricopaArizona Supreme Court · 1969
  3. Potts v. HowserSupreme Court of North Carolina · 1966
  4. Employers Mutual Casualty Co. v. StreetCourt of Appeals of Texas · 1986
  5. Employers Mutual Casualty Co. v. StreetCourt of Appeals of Texas · 1986

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API